:M~AROH 11, 1912. ·_ CONGRESSIONAL-RECORD-SENATE. '3129
SENATE. He also presented a petition of sundry citizens of Borne Gap, Ill., praying for the enactment of legislation to provide · for the MoNDAY, March 11, 191~. establishment of a Bureau of Markets in the Department of Agriculture, which was referred to the Committee on Agricul The Senate met at 2 o'clock p. m. ture and Forestry. AUGUSTUS 0. BACON, a Senator from the State of Georgia, He also presented a petition of Local Union No. 72, Interna took the chair as President pro tempore und~r the previous tional Union of Stove Mounters and Steel Range Workers, of order of the Senate. Belleville, Ill., praying for the passage of the so-called anti The Journal of the proceedings _of Saturday last was read and injunction bill, which was referred to the Committee on the approved. Judiciary. COTTON GOODS IN . Il'.AL Y ( H. DOC. NO. 611). He also presented a. petition of Local Union No. 72, Interna The PRESIDENT pro tempore laid before the Senate a com tional Union of Stove Mounters and Steel Range Workers, of munication from the Secretary of Commerce and Labor, trans Belleville, Ill., praying for the passage of the so-called· old-age mitting, lJUrsuant to law, a report by Commercial Agent Ralph pension bill, which was referred to the Committee on Pensions. M. Odell on cotton goods in Italy which, with the accompanying He also presented a petition of sundry citizens of Marshall, paper, was referred to the Committee on Commerce and ordered Ill., praying for the passage of the so-called dollar-a-day pension to be printed. bill, which was ordered to lie on the table. MESSAGE FROM THE HOUSE. l\Ir. CHAMBERLAIN presented a memo1·ial of sundry citi A message from the House of Representatives, by D. K. zens of Alberson, Oreg., remonstrating against the extension of Hempstead, its enrolling clerk, announced that the House had the parcel-post system beyond its present limitations, which was pas ed the joint resolution (S. J. Res. 83) making appt·op1ia referred to the Committee on Post Offices -and Post Roads. tions to meet certain contingent expenses of the Senate. l\fr. CULBERSON presented a memorial of sundry citizens of D'Hanis, Tex., remonstrating against the extension of the parcel PETITIONS AND MEMORIALS. post system beyond its present limitations, which was referred The PRESIDENT pro tempore presented resolutions adopted to the Committee on Post Offices and Post Roads. at the forty-fifth national encampment of the Grand Army of . Mr. MYERS presented petitions of sundry citizens of Butte, the Republic at Rochester, N. Y., f~yoring an appropriation for Mont., praying for the enactment of legislation to prohibit the the erection of a memorial amphitheater at the Arlington Na use of phosphorus in the manufacture of matches, which were tion&l Cemetery, which were referred to the Committee on Pub referred to the Committee on Finance. lic· Buildings and Grounds. He also presented petitions of the congregations of the First He also presented resolutions adopted by Gettysburg Post, Presbyterian Church, the Christian Church, the Bethel Baptist No. 39, Department of Indiana, Grand Army of the Republic, Church, the First Baptist Church, the Bethel l\fethodi t Epis of Spencer, Ind., favoring the passage of the so-called dollar-a copal Church, and of St. Paul's Methodist Church, and of sundry day pension bill, which were ordered to lie on the table. citizens of Butte, all in the State of Montana, praying for the He also presented a memorial of the National Colored Per enactment of an interstate liquor law to prevent the nullifica sonal Liberty League, remonstrating -against the enactment of legislation to better ·regulate the traffic in intoxicating liquors tion of State liquor laws by outside dealers, which were re in the District of Columbia, which was referred to the Com ferred to the Committee on the Judiciary. mittee on the District of Columbia. He also presented a memorial of sundry citizens of Montana, . He also presented a petition of the Woman's Christian Tem remonstrating against the extension of the parcel-post system perance Union of Salem, N. J., and a petition of the congrega beyond its present limitations, which was referred to the Com tion of the German Evangelical Church of Augusta, Wis., pray mittee on Post Offices and Post Roads. ing for the adoption of an amendment to the Constitution to Mr. Sl\IITH of Michigan presented petitions of the congrega prohibit the manufacture, sale, and importation of intoxicating tion of the Congregatiohal Church of Pittsford; of the Central liquors; which were referred to the Committee on the Judiciary. . Epworth League, of Lansing; ·of the Woman's Christian Tem - .Mr. CULLOM presented a memorial of the Merchants' Asso perance Unions of Novi, Whitehall, Sanford, and Coopersville; "ciation of New York, N. Y., remonstrating against any reduction and of sundry citizens of Pentwater, Coopersville, Whitehall, being made in the annual appropriation for the maintenance of Detour, Saginaw, Dayton, Prescott, Belding, Walkersville, t:Jie Diplomatic and Consular Service, which was referred to the Shultz, Brighton, and Bendon, all in the State of Michigan, Committee on Appropriations. praying for the enactment of an interstate liquor law to prevent He also presented a memorial of the Epworth League of the the nilllification of State liquor laws by outside dealers, which Methodist Episcopal Church of Naperville, Ill., remonstrating were referred to the Committee on the Judiciary. against the repeal of the anticanteen law, which was referred He also presented memorials of sundry citizens of Big Rapids, to the Committee on Military Affairs. . Laurium, and Hancock, all in the State of Michigan, remonstrat He also presented memorials of sundry citizens of San Jose, ing against the extension of the parcel-post system beyond its Cairo, Effingham, Rockford, and Chicago, all in the State of present limitations, which were referred to the Committee on Illinois, rernoustrating against the extension of the parcel-post Post Offices and Post Roads. system beyond its present limitations, which were referred to He also presented a memorial of Stevens Post, No. 66, Depart the Committee on Post Offices and Post Roads. ment of Michigan, Grand Army of the Republic, of East Jordan, He also presented petitions of sundry citizens of Marion Mich., remonstrating against the incorporation of the Grand West Salem, Mill Shoals, Dongola, and McLeansboro, all in th~ Army of the Republic, which was referred to the Committee on State of Illinois, praying for the establishment of a parcel-post the District of Columbia. system, which were referred to the Committee on Post Offices He also presented resolutions adopted by the Farmers' Insti and Post Roads. tute, in convention at the l\Iichigan Agricultural College, Ea.st He also presented a petition of the Methodist Federation for Lansing, Mich., favoring the enactment of legislation to estab Social Service, praying that an appropriation of $250 000 be lish standard packages and grades for apples, which was re made to enforce the provisions of the so-called white-sl~ve act, ferred to the Committee on Standards, Weights, and Meas- which was referred to the Committee on Appropriations. ures. · He also presented petitions of sundry citizens of Du Quain He also presented a petition of members of the Medical Club and Chicago, in the State of Illinois, praying for the adoption of Ann Arbor, Mich., prayi.ng for the enactment of legislation of a 1-cent letter postage, which were referred to the Committee providing for the establishment of a department of public on Post Offices and Post Roads. health, which was referred to the Committee on Public Health He also presented a petition of members of the Commercial and National Quarantine. Club, of Belleville, Ill., praying for the enactment of legislation l\Ir." KERN presented a memorial of sundry citizens of Ko to provide for the arbitration of threatened coal-strikes, which komo, Ind., remonstrating against the extension of the parcel was referred to the Committee on Education and Labor. post system beyond its present limitations, which was referred He also presented the memorial of the Woman's Christian to the Committee on Post Offices and Post Roads. Temperance Union, of Mazon, Ill., remonstrating against the He also presented a petition of Williamson Post, No. 364, use of phosphorus in the manufacture of matches, which was re Department of Indiana, Grand Army of the Republic, of Paoli, ferred to the Committee on Finance. Ind., praying for the passage of the so-caHed dollar-a-day pen · He also presented p·etitio~s of sundry citizens of Decatur, sion bill, which was ordered to lie on the table. Effingham, Streator, and Chicago, all in the State of Illinois, He also presented a petition of Typographical Union No. 332, praying for the enactment of legislation to provide for the pen of Muncie, Ind., praying for the enactment of legislation pro sioning of widows and orphans of yeterans of the Spanish viding for the construction of one of the proposed new battle .American War mid the Philippine insurrection, which were re ships in the Brooklyn Navy Yard, which was referred to the ferred to the Committee on Pensions. Committee on Naval Affairs. • XLVIII--197 ' 3130 OONGRESSION AL RECORD- SEN ATE. ::MA:RcH 11,
He also presented a petition of sundry citizens of Odon, Ind., remonstrating against the extensiol} of the parcel-post system praying for the establishment of a parcel-post system, which beyond its present limitations, which were referred to the Com wa referred to the Committee on Post Offices and Post Roads. mittee on Post Offices and Post Roads. l\Ir. LODGE presented a memorial of sundry employees of the He also presented a petition of sundry citizens of Waterbury, Waltham Watch Co., of Waltham, Mass., remonstrating against Conn., praying for the adoption of certain amendments to the any reduction of the tariff on watch movements and parts of postal savings bank law, which was referred to the Committee· watches, which was ret:erred to the Committee on Finance. on Post Offices and Post Roads. He also presented _a memorial of sundry employees of the Mr. DU PONT presented petitions of the congregation of the George F. Blake :Manufacturing Co., of East Cambridge, Mass., l\Iethodist Episcopal Church of Slaughter Neck; of the Wo remonstrating against any reduction of the tariff on steam en man's Christian Temperance Union of Greenwood; an:d of sun gines and other machinery, which was referred to the Com dry citizens of Cedar Creek Hundred, all in the State of Dela mittee on Finance. ware, praying for the enactment of an interstate liquor law to l'\1r. WARREN presented a petition of Admiml John W. prevent the nullification of State liquor law by outside dealers, Philip Post No. 19, American Veterans of Foreign Service, of which were referred to the Committee on the Judiciary. De,11ver, Colo., praying for the enactment of legislation providing Mr. TOWNSEND presented memorials of sundry business for the payment of travel pay and allowances to certain-officers firms of Pittsford, Mount Clemens, and Plymouth, all in the and enlisted men who seITed during the Philippine insurrection, State of Michigan, remonstrating against the exten ion of the which was referred to the Committee on Military Affairs. parcel-post system beyond its present limitations, which were Mr. STO~ presented a memorial of sundry citizens of referred to the Committee on Post Offices and Post Roads. Springfield, 1\10., remonstrating against the extension of the He also presented a petition of sundry citizens of Ann Arbor, parcel-post system beyond its present limitations, which was Mi.ch., praying for the establishment of a national department referred to the Committee on Post Offices and Post Roads. of public health, which was referred to the Committee on Pub Mr. CURTIS presented a petition of sundry citizens of Ash lic Health and National Quarantine. land, Kans., praying for the enactment of an interstate liquor He also presented a petition of the Board of Trade of E\art, law to prevent the nullification of State liquor laws by outside Mich., praying for the adoption of 1-cent postage, which was klealers, which was referred to the Committee on the Judiciary. referred to the Committee on Post Offices and Post Roads. Mr. PAGE ·presented a petition of the Woman's Christinn He also presented a memorial of the Builders and Traders' Temperance Union, of Fletcher, Vt., praying for the enactment Exchange of Detroit, Mich., remonstrating against the pa sage of an interstate liquor law to prevent the nullification of State of the so-called eight-hour bill, which was referred to the Com liquor laws by outside dealers, which was referred to the Com mittee on Education and Labor. mittee on the Judiciary. He also presented a memorial of Stevens Post No. 6G, De Mr. McLEAN presented a memorial of sundry citizens of New partment of Michigan, Grand Army of the Republic, of Jordan, Britain, Conn., remonstrating against the enactment of legisla Mich., remonstrating against the incorporation of the Grand tion compelling manufacturers to stamp their name on all arti Army of the Republic, which was referred to the Committee on cles manufactured, which was referred to the Committee on tbe District of Columbia. Interstate Commerce. He also presented a petition of Camp No. 2, Sons of Veterans, He also presented a memorial of the German-American Alli of Marshall, Mich., praying for the passage of the so-called ance, of Connecticut, remonstrating against the enactment of dollar-a-day pension bill, which was ordered to lie on the table. an interstate liquor law to prevent the nullification of State He also presented petitions of sundry citizens of Atlas, Te liquor laws by outside dealers, which was referred.'to the Com cumseh, Prattville, Pierson, Laingsburg, North Star, Brooklyn, mittee on the Judiciary. and Drummond, all in the State of Michigan, praying for the He also pre ented a petition of the congregation of the West enactment of an interstate liquor law .to prevent the nullification ville Congregational.Church, of New HAven, Conn., praying for of State liquor laws by outside dealers, which were referred to the enactment of an interstate liquor law to prevent the nullifi the Committee on the Judiciary. cation of State liquor laws by outside dealers, which was re He also presented petitions of sundry citizens of Shelby, New~ ferred to the Committee on the Judiciary. berry, Honor, Traverse City, Lake Odessa, Big Ba_y, Bendon, He also presented a memorial of the Woman's Christian and Cass City, all in the State of Michigan, praying for the Temperance Union, of New Britain, Conn., remonstrating establishment of a parcel-post system, which were referred to against the repeal of the anticanteen law, which was referred the Committee· on Post Offices and Post Roads. to the Committee on Military Affairs. · He also presented a petition of sundry citizens of Saginaw, Ile also presented a memorial of Local Grange No. 149, Mich., praying for the rn.tHication of the proposed treaties of Patrons of Husbandry, of Easton, Conn., remonstrating against arbitration between the United States, Great Britain, and the repeal of the oleomargarine law, which was referred to the France, with the so-called Root amendment, and also for the Committee on Agriculture and Forestry. ratification of a similar treaty with Germany, which was ordered He also presented a petition of Ward Cheney Camp, No. 13, to lie on tbe table. Department of Connecticut, United Spanish War Veterans, of l\Ir. CLAPP presented petitions of sundry citizens of Minne South Manchester, Conn., and a petition of W. S. Steele Camp, apolis, 1\Iinn., praying fOl' a reduction of the duty on sugar, No. 19, United Spanish War Veterans, Department of Connecti which were referred to the Committee on Finance. cut, of Torrington, Conn., praying for the enactment of legisla He also presented a petition of John C. McEwen Camp, No. tion to pension the widow and minor children of any officer or 6, Department of Minnesota, United Spanish War Veterans. of enlisted man who served in the War with Spain o:i: the Philip Duluth, Minn., praying for the enactment of legislation to pro pine insurrection, which were referred to the Committee on vide for the pensioning of widows and orphans of yeterans of Pensions. Spanish-American War and the Philippine insurrection, which Mr. CR.Al~ presented a petition of sundry citizens of Revere, was referred to the Committee on Pensions. Mass., praying that an investigation be made into the conditions He also presented petitions of sundry citizens of Minneapolis, pre\ailing at the Federal prison at Leavenworth, Kans., which Blue Earth, St. Paul, Winnebago, Ada, Albe.rt Lea, Tracy, and was referred to the Committee on the Judiciary. Montevideo, all in the State of Minnesota:, praying for the enact l\Ir. BOURNE pre ented a petition of the congregation of the ment of an interstate liquor law to prevent tjle nullification of Presbyterian Church of Fairmount, ·oreg., praying for the State liquor laws by outside dealers, which were referred to tlle enactment of an interstate liquor law to prevent the nullifica Committee on the Judiciary. tion of State liquor laws by outside dealers, which was referred He also (for l\fr. LA FOLLETTE) presented petition of undry to the Committee on the Judiciary. citizens of Sharon, Brodhead, and Endeavor, all in the State of l\Ir. BRANDEGEE presented a petition of W. S. Steele Camp, Wisconsin, praying for the. enactment of an interstate liquor No. 19, ·Department of Connecticut, United Spanish War Vet law to prevent the nullification of State liquor laws by outside eran , of Torrington, Oonn., prn.ying for the enactment of legis dealers, which were referred to the Committee on the Judiciru.·y. lation to pension the lVidow and minor children of any officer Ile also (for Mr. LA FOLLETTE) presented memorials of sundry or enlisted man who serred in the War with Spain or the Philip citizens of Tomahawk, Reeseville, Manitowoc, Arlington, and pine insurrection, which was referred to the Committee on Areadia, all in the State of Wisconsin, remonstrating against Pensions. the extension of the parcel-post system beyond its present lim He also presented resolutions adopted by the Connecticut itations, which were referred to the Committee on Po t Offices Hardware Association, in convention at New HaYen, Conn., fa and Post Roads. voring the adoption of .1-cent letter postage, which were re He also (for l\1r. LA FOLLETTE) presented memorials of sundry ferred to the Committee on Post Offices and Post Roads. citizens of Walworth and Waupaca County, in the State of 'Vis He also presented resolutions adopted by the Connecticut consin, remonstrating against the enactment Of legislation com Hardware Association, in conwntion at New Haven,- Oonn., pelling the observance of Sunday as a day of rest in the District 1912. CONGRESSIONAL RECORD-SEN ATE. 3131 of Columbia,. which were referred to the Committee on the Dis The bill was reported to the Senate without amendment, or trict of Columbia. dered to be engrossed for a third reading, read the third time, Ile also (for Mr. LA FOLLETTE) presented a memorial of the and passed. :Milk Producers' Association of Wisconsin, Illinois, and Indiana, BILLS INTRODUCED. remonstrating against the repeal of the oleomargarine law, which was referred to the Committee on Agriculture and For Bills were introduced, read the first time, and, by unanimous estry. consent, the second time, and referred as follows : By l\fr. OVERMAN: IMMIGRATION STATISTICS (S. DOC. NO. 401). A bill ( S. 5758) for the relief of Pinkney Rollins; to the Com l\Ir. :LODGE. I ask to haye printed as a Senate document a mittee on Claims. table of statistics relating to the coming in of immigrants during A bill (S. 5759) to correct the military record of Timothy the last 10 years. It is .a very brief table, and it is desired for Edwards; use in the debate on that subject. A bill ( S. 5760) to correct the military record of Wilson Rice; The PRESIDENT pro tempore. The Senator from l\Iassa A bill (S. 5761) to correct the military record of William R. chusetts asks for the printing of a table he has indicated. It Shelton; and will be so ordered, without objection. A bill ( S. 5762) to correct the military record of James Payne; PELATIAII WEBSTER AND THE CONSTITUTION ( S. DOC. NO. 402). to the Committee on Military Affairs. Mr. LODGE. I wish to ask for the printing of another brief A bill ( S. 5763) granting an increase of pension to Ephriam document. Some time ago some papers were printed as a Senate Lunceford ; document re1ating to Pelatiah Webster and the Constitution. - A bill (S. 5764) granting an increase of pension to Robert This paper bears on the same matter. It will make· a document Lisenbee; of only two or three pages, and it is necessary to complete what A bill ( S. 5765) granting an increase of pension to Elijah P. has been printed. I ask that it may also be printed. Hensley; The PRESIDENT pro tempore. Without objection, it will be A bill (S. 5766) granting an increase of pension to Spencer ordered accordingly. · Rice; - REGULATION OF IMMIGRATION. A bill ( S. 5767) ·granting an increase of pension to William l\f. Gentry; Mr. LODGE. I will take this opportunity to give notice that A bill (S. 5768) granting an increase of pension to Edward on Wednesday, immediately after the routine morning business, Smith Tennent; . I shall call up the bill (S. 3175)° to regulate the immigration of A bill ( S. 5769) granting an increase of pension to Smith F. aliens to and the residence of aliens in the United States, as the Senator from North Carolina. [l\Ir. SIMMONS] desires to address Carroll; A bill ( S. 5770) granting an increase of pension to Sophronia the Senate on that bill. Roberts; and · REPORTS OF COMMITTEES. A bill ( S. 5771) granting an increase of pension to William Mr. CHAMBERL.A.IN, from the Cominittee on Public Lands, Cody; to the Committee on Pensions. to which was referred the bill ( S. 2186) to set apart certain By Mr. KERN: lands in the State of Oregon as a public park, to be known as A bill (S. 5772) granting an increase of pension to William E, the Saddle Mountain National Park, reported it with an amend McGee (with accompanying papers); to the Committee on Pen· ment and submitted a report (No. 473) thereon. sions. l\Ir. l\.IAR'rINE of New Jersey, from the Committee on Claims, A bill ( S. 5773) for the relief of Rollo B. Oglesbee and others; to which was referred the bill ( S. 4714) for the relief of l\1artha to the Committee on Claims. E. Conklin, submitted an adverse report thereon (No. 472), By l\Ir. CRAWFORD: which was agreed to, and the bill was postponed indefinitely. A bill (S. 5774) granting a pension to John S. Lewis (with ac· REPORT OF NATIONAL MONETARY COMMISSION. companying papers) ; to the Committee on Pensions. l\Ir. SMOOT, from the Committee on Printing, to which was By 1\lr. OLIVER: referred House concurrent resolution 28, reported it favorably A bill (S. 5775) for the relief of William S. McCollam (with without amendment, and it was considered by unanimous con accompanying paper) , to the Committee on Claims. sent and agreed to, as follows: By l\fr. JONES : Resolvecl by the IIouse of Repi·esentatives (the Senate conourring), A bill (S. 5776) authorizing the Secretary of the Interior to That there be printed, for the use of the House of Representatives, adjust and settle the claims of the attorney of record involving 30,000 copies of the report, with accompanying bill, of the National :Monetary Commission, to be ·delivere8 to the superintendent of the certain Indian allotments, and for other purposes; to the Com folding room of the House of Representatives for distribution. mittee on Indian A.ff airs. FERTILIZER RESOURCES OF THE UNITED STATES. By 1\Ir. CHA.l.\IBERLAIN : A bill ( S. 5777) granting a pension to Michael Quinn; to the l\lr. SMOOT, from the Committee on Printing, to which was Committee on Pensions. referred House concurrent resolution 40, reported it favorably without amendment, and it was considered by unanimous con By l\Ir. WATSON: . sent and agreed to, ll.s follows: A bill (S. 5778) granting a. pension to Francis Redmond; A bill ( S. 5779) granting an increase of pension to Na than Resolved by the House of R epresentatives (the Senate concurf"ing), That there be printed 10,000 copies of Senate Document No. 190, Fer Vanaman; and tilizer Resources of the United States. message from the President of A bill (S. 5780) granting a pension to Ida l\f. Goodwin; to the the United States, December 18, 1911, for the use of the House. Committee on Pensions. DEVELOPMENT A.ND co~ TROL OF WATER POWER. By Mr. CURTIS : Mr. SMOOT, from the Committee on Printing, to which was A bill ( S. 5781) granting an increase of pension to Daniel referred Senate resolution 233, for the printing of 500 copies of l\Iiller; . Senate Document No. 274, submitted by l\lr. BURTON February A bill (S. 5782) granting a pension to Minnie D. Dobbins; 28, 1912, reported it without amendment, and it was considered A bill ( S. 5783) granting an increase of pension to l\Iichael by unanimous consent and agreed to, as follows: H. Dibert; and Resolved, That there be printed 500 copies of Senate Document No. A bill ( S. 5784) granting an increase of pension to Francis M. 274 for the use of the Corps of Engineers, United States Army. Canfield (with accompanying paper) ; to the Committee on Pen WEATHER BUREAU OBSERVATORY BUILDING AT BILLINGS, MONT. sions. Mr. SUTHERLAND. From the Committee on Public Build Byl\fr.BRA..NDEGEE: ings and Grounds I report back favorably, without amendment, A bill (.S. 5785) granting an increase of pension to Anna M. the bill ( S. 456G) to provide for the purchase of ground and the Fowler; erection of a Weather Bureau observatory building at Billings, A bill (S. 5786) granting an increase of pension to Anna l\lont. ( S. Ilept. 4 71). · • Bond; and l\Ir. 1\IYERS. I ask unanimous consent for the immediate A bill (S. 5787) granting an increase of pension to Welcome consideration of the bill just reported by the Sena.tor from "Gtah. E. Moffitt; to the Committee on Pensions. The Secretary r ead the bill, and, there being no objection, the By Mr. RAYNER: Senate, as in Committee of the Whole, proceeded to its consid A bill (S. 5788) to continue a.nd complete the Conduit Road eration. It proposes to appropriate the sum of $18,000 for the along and oyer that part of the GoYernment Aqueduct, which purchase of ground and the erection of a Weather Bureau ob can not now be reached by conveyance, for a distance of about senatory building at Billings, Mont., the construction to be 2 miles from the Anglers' Club to the Great Falls of the Potomac under the supervision and control of the Chief of the Weather River, in Maryland, in order to afford a. suitable driveway for Bureau; plans and specifications to be approved by the Secre the convenience of the public; to the Committee on Military ta ry of Agriculture. Affairs. '3132 CONGRESSIONAL RECORD-SENATE. ~£ARCH 11,
By Mr. THORNTON : It was an tmfortunate day for this country when one of its A bill ( S. 5789) granting an increase of pension to Samuel distinguished, honorable, and well-1Jelov-ed citizens inaugurated Pincus, alias Jacob Harris (with accompanying paper); to the the system, as a candidate for President, of receiving delegates Committee on Pensions. at his home and discussing political questions, ostensibly for By Mr. CURTIS: their information but, in fact, to be sent broadcast throughout • A bill ( S. 5790) for the relief of 0. E. Moore; to the Com· the country. That was the beginning of an evil and wholly in mittee on Post Offices and Post Roads. excusable custom, by which the great office of President of the
CO~SULATE AT HANKOW, CHIN A. United States was brought down to the level of self-seeking politics and personal appeals for office. Now, and for a long Mr. NELSON submittted an amendment proposing to appro time, the candidate does not wait for delegations to come to him. priate 60,000 for the erection of a consular building for the He goes .out on the stump and discu~ es political questions, use of the consul general at Hankow, China, intended to be abuses his opponents, and urges the continuance in power of his proposed by him to the diplomatic and consular appropriation party, inT"olving his own reelection. To me it is a pitiful and bill (H. R. 19212), which was ordered to be printed, and, with humiliating spectacle. Who does a President repre ent in his the accompanying papers, referred to the Committee on Foreign official capacity during his term of office? Presumably the whole Relations.- people of the country of every political faith and shade of be PROPOSED PENSION LEGISLATION. lief. But does he, in fact, under present conditions? To, l\Ir. Mr. PO~IERENE. I desire to 'give notice that, with the per President, he does not. The President has come to be regarded mission of the Senate, I will make some remarks on proposed as the head of his political party. Instead of laying aside poli pension legislation on next Friday, at the conclusion of the tics and as urning the position of representati\e of the people, routine morning business. he becomes, if he had not been so before, a. politician, the titular head and leader of his party, with all that that implies. And THE PRESIDENTIAL TERM. what does it imply and what follows? Every appointee of his, The PRESIDENT pro terupore. The morning business is from the highest to the lowest office, considers that he owes him closed. not official loyalty alone, but political and personal loyalty as Ir. WORKS. Mr. President, I desire to submit some brief well. He seems to feel that he must support the President in remarks upon Senate joint resolution 78, proposing an amend his political views and aspirations, personal and otherwise, ment to the Constitution of the United States. I will ask to even to supporting him for ree!ection, or get out of office. Few have the joint resolution laid. before the Senate. of them choose the latter course. · The PRESIDENT pro tempore. The Chair lays before the Mr. President, the evils of such a system are too obvious to Senate the joint resolution indicated by the Senator from Cali need comment. E\ery thinking man sees and knows the evils fornia. It will be read. of it; but what are we doing to prevent it? One President may The Secretary read the joint resolution, introduced by Mr. very well suy, in his justification, or by way of excuse, for WORKS February 13, 1912, as follows : nothing can justify it:•" Other Presidents have done it before Resolved, etc., That the following be proposed as an amendment to me. It is the custom. Why should I not secure a second term tbe first paragraph of section 1 of Article II of the Constitution of by such means as my predecessors have done? " I have lived in the United States, which will be valid to all intents and purposes as hopes that some time we would elect a Chief Magistrate of this pa.rt of the Constitution when ratified by the legislatures of three fourths of the States, namely: Amend said paragraph to read as fol Republic with moral courage and determination enough to put lows: this pernicious and obnoxious custom under his feet. I have "The Executive power shall be vested in a President of the United been disappointed. I realize that the temptation to follow the States of America. Ile shall hold his office during the term of six years and shall be ineligible to a second term, and, together with the custom, and thus secure a reelection, is a tremendous temptation. Vice President, who shall hold for a like term, and shall also be ineli So far it has been an overpowering one. gible to a second term, be elected as follows : " Let us look for a moment at the consequences, Qr some of l\Ir. WORKS. :Mr. President, I have offered a resolution pro them, that flow from this condition of thing . The President posing an amendment to the Constitution of the United States has the power to appoinj; thousands of public officers. They are that will fix the term of office of the P:cesident of the United found in e1ery city, town, and village in the country. E1ery States at six years instead of four years, as now provided, and one of these appointees, from a Cabinet officer down, with very making him ineligible to a second term. It was at once as rare exceptions, considers himself as owing political allegiance sumed in some quarters that this was intended as a movement to the President personally. In fact, with most of them, this for some candidate for President and again t some other candi personal political allegiance is looked upon as far more binding date. I assure the Senate at the outset that in proposing the than their official obligatiort to the public. When tile pre i amendment I was in:fluencecl by no such consideration and had dential term of office is about to expire you will find them a.11 no such intention. This is no place to talk politics or do poli from the highest to the lowest lined. up for him and supporting tics. My purpose is to do what I can to keep politics out of the him for a second term. If they are capable of it they take the White House. I wish I might, with the help of other :;\Iembers stump in his behalf. If not stump orators, they belong to the of this body, banish politics from the Halls of Congress foreT"er gum-shoe brigade that works so effectually with the indi"fidual and confine the Congress of the United States, one of the· great voter. The question of his fitness for a second term or his con est legislatiT"e bodies in the world, to its lawful and legitimate victions on fundamental go\ernmental questions has no weight functions, uninfluenced by the passions and sordid selfishness with them. He is their political chief, as they understand, and of politics. their support is his absolute right. But there is another con I am not urging this amendment to the Constitution because sideration of no little weight with the President's appointees. of the length of time a President may serve, but to prevent his If he is not reelected they will lose their jobs and thereby the holding a second term, with all the evils resulting from the country be depriT'ed of their most \aluable senices. Docs any use of patronage to secure a renomination and reel~tion. I one beliern that the people of this country are satisfied with would not object to the holding of a second term if such second this condition? Certainly they are not. They do not believe term did not follow immediately after the first. I would in it. It is a custom that has been under public censure and rather-much rather-see one term of 10 years than two terms condemnation from the time it was inaugurate l. of 4 years each in immediate succession. It is not alone that such a system enables the PTesident to Mr. President, this movement to bring about the amendment build up a great political machine, with repre entati\es in of the Constitution is not the result of a sudden impulse. It every county of every State in the Union, through which he may is not a personal matter. It has no connection with the coming force his renomination, that it meets with public condemna political campaign. It is intended to correct a great evil that tion, but because it imposes a burden upon the pre idential has grown up under the Constitution as it now is and which office tb.3.t it should not bear. Why should the President be is growing with every political campaign. If this change were burdened with the appointment of the thou ands of Federal macle, the American people would be spared the humiliating o ials now subject to his choice? Why hould Senator and pectacle of a President of the United States traveling up and Representati1es in Congre s be burdened with the power of down the country, guarded by an Army officer and private recommending applicants for appointment or "'i1en that right? detectives making political speeches and urging his own re Why should not these appointments be placed undel' the classi election. The White House would not be turned into a political fied civil-serdce rules and made to stand upon merit and not pre s gallery, managed by the Secretary to the President. The on political or personal fa1or of Senators or anyone el e. I official head of this great Nation would be free from the o-ver am glad to know that the present incumbent of tlw office of powering temptation to use his office and his power as such to President bas recommended that this be done. It does llim secure a second term. Tilne was when such efforts to secure credit. n ' is eYidence of the fact that he recognizes the e•ils the great office of President of the United States was looked of tlle present system and is willing to see it destroyed. I hope upon as a disgrace to the Nation and unworthy of a canclidate his recommendation in this respect may be heeded uud acted therefor. upon fn rnrably by Congress. I
1912 .. CONGRESSIONAL RECORD- SENATE . 3133
Mr. President, the proposed amendment to the Constitution Republican voters left. Howm·er, they will all go back again that I have offered would, if adopted, go a long way toward now. removing the evils of the present system. It would take away l\fr. WORKS. That is a little bit worse than I thought, Mr. from the President every opportunity or temptation to strive for President. his own reelection or to use the power or influence of the thou Mississippi, with 4,000 Republican voters, has 20 delegates ; sands of his appointees to secure his reelection or the success of South Carolina, with 4,000 Republicans, has 18 delegates; his party. It is a consummation devoutly to be hoped. Con Texas, with 135,000 Republicans, has 40 delegates. gress owes it to the people of the United States to adopt this All of these States are hopelessly Democratic and make no amendment and allow the legislatures of the States to pa~s contribution whatever to Republican success. The party in upon it. these States is absolutely controlled by Federal officeholders. I am not wedded to any particular term for the President, They control the party machinery, select delegates, and instruct long or short. As I have said, the length of term is not the them to support their political chief, as they regard him. The important matter to be considered. It is the right of the following data is interesting and instructi\e. Note the outcome. President, under the present rule, to succeed himself that I am combatting. Republicans. Delegates_ I would have no objection to four years or eight years as the term of office. I would not be willing to go beyond eight years. Virginia········· ··· ····· ···-·· ---·····--·····-· · ····· · · 52,000 24 What I desire to impress upon the Senate is my unalterable Texas. ___ ...... _. __...... •..... _...... 65,000 40 objection to two terms, one following the other. I hope Sen 4,000 18 ators will not pass this matter o\er lightly. I hope they will 4,000 20 9,000 20 not regard it as in any sense political or as an effort to affect GeorgiaE:ii~~~~~: ...... : : ::: : :. ::. . ::. _:. ..:::::::...... ::: ....: : ::::: _. . :_:.. : ::.. ::::. . .. :_::. . 41,000 28 the political Rspirations of any individual. I do not believe in Florida ...... ·---· . .... ··-· . .. · - . . 39,000 12 changing the Constitution except for grave reasons affecting the pt\blic interests. I am ·particularly averse to any effort to Toto.1 ...... •...... -...... 214, 000 1G2 changes affecting the fundamental principles of government. But I consider the change I am seeking to bring about as one Seven Southern Democratic States, with a Republican popula of profound interest and grave consequence. It will not change tion of 214,000, have 162 delegates in the national nominating the principles established by the Constitution, principles that we convention, while 214,000 Republicans in the single State of should be careful to maintain and preserve, or invade funda California, which is in>ariably Republican, have but 26 delegates. mental questions. It simply destroys a condition that has It may be said that the power to fix the basis of apportionment · afforded an opportunity to build up a vicious political system of_ delegates in the several States rests in the party and that that every good citizen should deplore. the power of the Southern States may be reooced in that way. The evil of this system is accentuated when applied to the Yes; that is true, but unfortunately the very influences that con condition of the Republican Party. A Republican candidate for trol the Soutj;lern vote for other purposes control it to prevent President must look to the votes of the Northern States for his such action. Efforts have been made to correct this palpable election. As a rule, no Republican electors are chosen in the injustice, but without effect. Southern States. And yet a much greater representation, in a l\Ir. President, I have here a small table showing the vote and Republican nation.al convention, in proportion to population, is number of delegates in 16 Southern States, giving the name of allowed the Southern States than the Northern. Under the the State, number of delegates, total vote, both Republican and present basis of apportionment each State is given 4 delegates Democratic, now forming the basis of representation in the con at large and 2 for each congressional district, irrespective of the vention, and the T'Ote of the State, whether Republican or Demo number of Republican votes cast in the State or district. The cratic, at each presidential election.from 1880 to 1908. I submit result'is that the Southern States that never send an elector to it for the consideration of the Senate and ask leave to incor tile electoral college practically control the nomination of the porate it in my remarks without reading. candidates, and the President, if a candidate for reelection, The PRESIDEINT pro tempore. Without objection, permis practically controls the selection of delegates to the convention sion to do so is granted. from the Southern States. He controls them because the Fed The table referred to is as follows : eral officers in these States are his appointees, and, under this vicious system, his political supporters and lieutenants select It Demp- 1908L04190018961892 188811884'1880 the delegates. is a notorious fact, that no one presumes to Southern States. ~e~fdele- R~pub-lican. crat1c. deny any more, that the Federal officers in those States dictate gates. who shall go to the national convention as delegates. The ______,___ ------inevitable result is that the delegates from the Southern. States, with very rare exceptions, are for the President for renomina 1 . .Alabama. . .. _- __ _ 24 41,692 74,374 D D D D D D D D 2. ArkanEas. ··--·· 18 56,624 87,015 D D D D D D D D tion, all becq,_use of the pernicious patronage system that pre 3. Florida ...... 12 39,302 48,591 D D D D D D D D vail and the power the President has as a result, when seeking 4. Georgia ...... 28 41,692 72,350 D D D D D D D D 5. Kentucky . _. . _. 26 235, 711 244,092 D D D R D D D D a reelection. Let us look a moment at the probable outcome 6. Louisiana ...... 20 8,958 63,568 D D D D D D D D this year. The Republican national convention _will have 1,076 7. Maryland ...... 16 113,803 115, 908 (1) (2' R R D D D D delegates; necessary to the choice of a candidate, 539. Of these 8. Misfilsslppi...... 20 4,505 60,876 D Ii D D D D D D 9. Missouri ...... 36 347, 203 346,574 R R D D D D D D the 16 Southern States have 366. In these States the Repub 10. North Carolina . 24 114,887 136, 928 D D D D D D D D lican vote is very light and has no effect on the result at the 11. Oklahoma . .•. . . 20 110,558 122,406 D --- - .. ... final election. 12. South Carolina . 18 3,963 62,283 D D "j)" D D "j)" D D 13. Tennessee ...... 24 118,519 135,819 D D D D D D D D In Georgia, for instance, there are but 41,000 Republican 14. Texas ...... 40 65,602 216, 737 D D D D D D D D voters, according to the last presidential election; yet those 15. Virginin...... 24 52,573 82,916 D D D D D D D D 41,000 Republican voters send 28 delegates to the national 16. West Virginia ___ 16 137,869 lll,418 R R R R D D D D nominating convention. California, on the other hand, with Total ..... -...... 214,000 Republicans, has but 26 delegates in the nominating ~1~1~ --·- -- -· ------convention. Georgia has been Democratic ever since 1880, and has never contributed a single vote to the selection of a i 2 Republicans, 6 Democrats. 2 1 Republican, 7 Democrats. Republican President. California has been Republican every l\Ir. WORKS. It will be seen, Mr. President, tlla t all of the year with the exception of 1892, when it elected 8 Democratic 16 States, with one exception, have always gone Democratic. electors. There is still hope for West Yirginia. She has gone Republican Louisiana, with approximately 9,000 Republican voters, has half the time. 20 delegates in the national convention. These 16 States, as I ha-rn pointed out, have 366 delegates Ur. THORNTON. l\Ir. President, will the Senator from Cali out of a total of 1,076; enough, generally, to control the r·esult. fornia allow me to interrupt him there? The basis of apportionment is the fault of the Republican The PRESIDENT pro tempore. Does the Senator from Cali Party and has no excuse. The fact that n candidate for Presi· f ornia yield to the Senator from Louisiana? dent, because he is at the time the incumbent of the office, can l\Ir. WORKS. Certainly. use this condition to insure his success is the fault of a vicious l\lr. THORNTON. The statement the Senator has just made system that has grown up under that provision of the Constitu· that 9,000 Republicans vote in the 'State of Louisiana was doubt tion that I am seeking to have changed. less taken from the statistics compiled some little time back. The H.epublican Party owes it to itself to change the basis J ust before the recent Democratic primaries in Louisiana four of apportionment that results in such rank injustice. '£he Con fi fths of them changed their party affiliation in order to vote gress of the United States owes it to the people of this country in the Democratic primary, and there were not more than 1,500 to so change the Constitution as to remove every temptation 3134 OONGRESSION AL RECORD-· SENATE. ]URCH 11', and opportunity to use the power or influence of the Presidential· Thomas D. Sheffield, late captain Companies H and E, and office to secure the reelection of the incumbent. lieutenant colonel, Eighth Regiment Connecticut Volunteer In fantry, $30. PENSIONS AND INCREASE OF PENSIONS. Fletcher S. Dewey, late of Company K, First Regiment Ohio The PRESIDE:NT pro tempore. The calendar under Rule Volunteer Heavy Artillery, $24. VIII is in order. Benjamin R. Chisam, late of Company B, Ele-venth Regiment Mr. Sl\f OOT. I ask unanimous consent for the present con Kansas Volunteer Cavalry, $30. sideration of the bill (S. 4623) granting pensions and increase Hiram Brooks, late of Company I, Second Regiment New of pensions to certain soldiers and sailors of the Civil War and York Volunteer Mounted Rifles, $24. certain widows and dependent relatives of such soldiers and William G. Downs, late of Company H, Twentieth Regiment sailors. Ohio Volunteer Infantry, $30. There being no objection, the Senate, as in Committee of the Louise Schenkel, widow of Leonard Schenkel, late of Com Whole, proceeded to consider the bill. It proposes to pension panies E and A, Third Regiment l\laryland Volunteer Infantry, the following-named persons at the rates stated: $20. Abel Buckingham, late of Companies I and L, First Regiment Calv.fa Hitt, late of Company I, Stevenson's regiment New l\Iichigan Volunteer Cavalry, $24. York Volunteers, War with Mexico, and Company B, Second Wade Beach, late of Company D, Veteran Battalion, First Regiment Minnesota Volunteer Infantry, $30. Regiment Colorado Volunteer Cavalry, $24. Nancy B. Jenness, widow of Richard Jenness, l:.lte of Com James Goodwin, late of Company F, Third Regiment Wiscon pany K, Fourteenth Regiment Wiscom~in Volunteer Infantry, sin Volunteer Infantry, $24. $20. James Lynch, late of U. S. S. Ohio and Howquah, United Joseph G. l\Iarsh, late of U. S. S. Clara Dolsen and Winne States Nary, $30. bago, United States Navy, $24. George I. .l.\fartin, late of Company D, Second Regiment Cali Ilobert H. Church, late of Company A, Eighty-first Regiment fornia Volunteer Cavalry, $24. Illinois Volunteer .Infantry, $30. . Peter 1\1. Bryant, late of Company B, Thirteenth Regiment Paul A. Greely; late of Company G, Third Regiment Wis Kentucky Volunteer Infantry, $24. consin Volunteer Cavalry, .'30. James Short, late of Company E, Second Regiment North Jennie West, helpless and dependent daughter of Jacob West, Carolina Volunteer l\Iounted Infantry, $24. late of Sixteenth Battery Indiana Volunteer Light Artillery, $12. John H. Jarrett, late of Company H, Fourth Regiment West John Denny, late of Company C, Forty-ninth Regiment In- Virginia Volunteer Infantry, $24. diana Volunteer Infantry, $30. _ John Lunsford, late of Company D, Forty-seventh Regiment William F. Hart, late of Twenty-sixth Independent Battery Kentucky Volunteer Infantry, $30. Ohio Volunteer Light Artillery, $24. William F. l\fcKellup, late of· Company A, Forty-fifth Regi Spencer Ford, late of Company F, Fifth Regiment United ment Kentucky Volunteer l\founted Infanh·y, $24. States Colored Volunteer Infantry, $50. Lorentz Thoreson, late of Company D, Third Regiment Minne James A. Hibbard, late of Company K, Fiftieth Regiment sota Volunteer Infantry, $30. Illinois Volunteer Infantry, $30. George A. WingroYe. late of Company A, Second Independent Stoughton A. CheeYer, late of Company C, Ninth Regiment Battalion Pennsylrnnia Volunteer Infantry, $24. Indiana Volunteer Infantry, $24. Adam Smith, late of Company I, Sixty-second Regiment Penn John Busha, late of Company H, Twelfth Regiment Wisconsin sylrnnia Volunteer Infantry, $40. Volunteer Infantry, $24. John Leister, late of Company G, Seventy-fourth Regiment David J. Ryan, late of Company I, Twenty-first Regiment, Ohio Volunteer Infantry, $30. and Company D, Forty-fu·st Regiment, Wisconsin Volunteer In William F. Clark, late of Company K, "':~inety-second Regi fantry, $24. ment I1linois Volunteer Infantry, $40. Francis Weaver, late of Company B, Ninth Regiment Iowa William L. Goodsell, late of Company D, Fiftieth Regiment Volunteer Infantry, $40. New York Volunteer Engineers, $2-4. Frederick White, late of Company D, First Regiment North James McCue. la.te of Battery A, Third Regiment United Carolina Volunteer Infantry, $30. States Artillery, $30. Josiah 1\fcElroy, late of Company F, Twenty-fourth Regi.ment John W. A. Lawson, late of Company B, Fourth Regiment Iowa Volunteer Infantry, $24. United States Volunteer Infantry, $1H. Simon C. Strickland, late second lieutenant Company B, i-;eth H. Tolles late of Company E, Seventeenth Regiment Thirty-eighth Regiment Wisconsin Volunteer Infantry, $30. Michigan Volunteer Infantry, $24. Clem Reid, late of U. S. gunboat Sil"1;crcloud, United States Jeremiah H. Taylor, late of Company A, One hundred and Navy, $30. eighteenth Regiment Indiana Volunteer Infanh·y, $30. Seth H . Shurtleff, late of Company.KJ Third Regiment Massa B:ilaam C. Hornaday, late of Company E, Thirty-sixth Regi- chusetts "Volunteer Infantry, $12. ment Indiana Volunteer. Infantry, $30. - Woodbury Day, alias John White, late of Company A, Twenty Charles W. Riggs, late of Company B, Thirty-sL"'
Joseph F. Smith, late of Company I, E~eventh Regiment New Do.Ii Carlos Cameron, late of First Battery Wisconsin Volun York Volunteer Cavalry, $30. teer Light Artillery, $36. Victor Tracy, late of Company G, First Regiment :Maryland · Anna M. Robinson, widow; of Elisha J. Robinson, late of Volunteer Infantry, $40. Company F, Twenty-seyenth Regiment Wisconsin Volunteer Russell D. Royal, late of Company A, Seventh Regiment, and Infantry, $20. Company C, Sixteenth Regiment, Maine Volunteer Infantry, $24. John A. George, late of Company H, Third Regiment Wiscon Ann J. Rouse, widow of Asa W. Rouse, late of Company H, sin Volunteer Infantry, $50. Eleventh Regiment Connecticut Volunteer Infantry, $20. Emmanuel Mennet, late captain Company D, Fifty-ninth Regi- Charles H. Senseney, late of Battery D, First Regiment West ment Illinois Volunteer Infantry, $40. • Virginia Volunteer Light Artillery, $30. John L. Perkins, late of Compapy D, Ninety-fifth Regiment Samuel Beatty, late first lieutenant Company I, Third Regi Pennsylrnnia Volunteer Infantry, $30. ment Pennsylvania. Reserves Volunteer Infantry $24. Orlando n. Douglas, late of Company C and second lieutenant George A. Chaffee, late of Company K, Tenth Regiment Ver Company K, Eighteenth Regiment Missouri Volunteer Infan mont Volunteer Infantry, $24. try, $3-0. Daniel· Burket, late of Company B, Eighty-fourth Regiment George W. Dimond, late of Company H, Second Regiment Indiana Volunteer Infantry, $40. United States Volunteer Sharpshooters, $30. George W. Patterson, late of Battery F, First Regiment Ohio Adam C. Pattee, late of Company A.., Fourteenth Regiment Volunteer Light Artillery, $30. Iowa Volunteer Infantry, :and Company K, Seventh Regiment OU-rnr C. l\forris, late of Company K, Eightieth Regiment Ohio Iowa Volunteer Cavalry, 24. Volunteer Infantry, $24. Jame H. l\forris, late of Company L, Eighth Ilegiment Iowa Hardin T. Richardson, late captain Company C, Thirty-second Volunteer Cavalry, $30. Regiment Illinois V:olunteer Infantry, $30. James G. Doran, late of Company A, Forty-sixth Regiment Elizabeth Teel, widow of John C. Teel, late of Company F, Missouri Volunteer Infantry, $36. Thirteenth Regiment Iowa Volunteer Infantry, $12. Reuben Bellows, late of Company D, One hundred and twen Edwin D. Jones, late of Company F, Twenty-seventh Regiment tieth Regiment New York Volunteer Infantry, $30. l\Iassachusetts Volunteer Infantry, $24. El.izabeth C. Jarrett, widow of Il. Frank Jarrett, late of Com Frederick :M. Miller, late of Company F, Twelfth Regiment pany K, One hundred and fourth Regiment Pennsylvania Volun Vermont Volunteer Infantry, $12. teer Infantry, $20. Edward D. Hagen, late of Company F, First Regiment Nevada David A. Buchanan, late of Company B, One hundred and Volunteer Cavalry, $24. thirty-fifth Regiment Pennsylvania Volunteer Infantry, $24. Henry R. Kirk, late of Company E, Tenth Regiment Kentucky Hiram S. Plummer, late assistant surgeon, One hundred and Volunteer Cavalry, $24. tenth Regiment, and surgeon, One hundred and fifty-second Joel W. Gladson, late of Company A, Eighteenth .Regiment Uegiment, Illinois Volunteer Infantry, $36. Illinois Volunteer Infantry, $!24. Andrew l\leFarland, late of U. S. S. Gramvus, Great Western, Catherine S. Wales, widow of William W. Wales, late of Com and Choctaw, United States Navy, $30. . pany G, Fifth R~giment Rhode Island Volunteer Heavy Artillery, John A. Boulger, late of U. S. S. North Carolina, New Harnp $20. shire, and Nahant, United States Navy, $24. Sarah A. Peck, widow of Edward K. Peck, late of U. S. S. -Martin V. B. Knox, late captain Company E, Twenty-third Albatross, United States Navy, $20. Regiment United States Colored Volunteer Infantry, $50. Hiram B. ~Iorey, late of Company E, Eighth Regiment Alaine Diana Christy, widow of George B. Christy, late surgeon, Volunteer Infantry, $36. Ninth Regiment Illinois \ olunteer Cavalry, $25. Austin J. Marsh, late of Company E, Thirty-eighth Regiment, Henry V. Leach, late of Company H, Third Regiment New and Company K, Thirty-fourth Regiment, Iowa Volunteer In York Volunteer Light Artillery, $30. fantry, $24. .Augustus G. Winslow, late of Company B, Seventy-fourth Hiram N. Brann, late of Company D, Twenty-first Regiment Regiment Pennsylvania Volunteer Infantry, $20. l\Iaine Volunteer Infantry, $30. Henry Bucholz, late of Company C, Fifth Regiment Missouri Eugene Sullivan, late of Company D, First Battalion, Seven State Militia CaYa.lry, $30. · teenth Regiment United States Infantry, $24. Tilman H. Elrod, late of Company I, Thirteenth Regiment 1\Iarsena R. Clark, late of Company l\I, Second Regiment 1\fis Iowa Volunteer Infantry, $30. · souri State Militia -Oavalry, and C!>mpany 4 T the soldier's condition bas become much worse since the bill The PRESIDENT pro tempore. The Secretary will read the was introduced and justifies the increase. first amendment. The amendment was agreed to. The Secretary read as follows : Ir. McCUl\IBER. On page 25, I move to sh·ike out all of Provided, however, That no one of the. said special pensions contained lines 11 to 14-the case of Emma E. Keyes; and I ask that the in this bill shall be paid to any one of the parties herein named tm til papers in the case be recommitted to the committee. the Pension Bureau has made investigation and found the said party to whom the same is to be paid did not enter the service in considera The amendment was agreed to. of a bounty or for a payment made to him to serve as a substitute; The PRESIDENT pro tempore. Without objection, the papers !1;}lf will be recomm:ijted to the Committee on Pensions. · Mr. SMITH of Georgia. I desire to offer an amendment to Mr. McCU.MBER. On that I ask for the yeas and nays. be inserted at the end of the bill. · Mr. THORNTON. I should like to ask the Senator from The PRESIDENT pro tempore. If the Senator from Georgia Georgia whether the record shows that the party in this case will send his amendment to the desk it will be stated. actually was in the service of the United States? The SECRETARY. At the end of the bill insert the following Mr. McCUMBER. The records do not show either affirma proviso: tively or negatively upon the question whether he ca.me in P1·ovided, That no one of the said pensions ::;hall be paid until the under a bounty or what consideration impelled him to join the examination bas been made in the Pension Bureau and it bas been ranks of the Union. found that said party has actually served in the Army or the Navy The PRESIDE....~T pro tempore. The question is on agreeing and was engaged in some battle in connection with said service. to the first amendment proposed by the Senator from Georgia, The PRESIDEN'.r pro tempore. The question is on agreeing on which the yeas and nays have been ordered. The Secretary to the amendment offered by the Senator from Georgia. will call the roll. Ur. SMITH of Georgia. I suggest the absence of a quorum. Mr. CULBERSON. Before the roll is called, I will ask the The PRESIDENT pro tempore. The Senator from Georgia Senator from North Dakota an additional question to that sug suggests the absence of a quorum. The Secretary will call the gested by the Senator from Louisiana, and that is whether the roll. records of the Pension Office answer the inquiry which is con The Secretary proceeded to call the roll. tained in this amendment? Mr. BRYAN (when Mr. FLETCHER'S name was called). My Mr. McCUl\IBER. I do not think the records of the Pension colleague is unavoidably detained from the Senate. . Office would show that. .Mr. JO~"'ES (when Mr. POINDEXTER'S name was called). I The PRESIDENT pro tempore. The Secretary will proceed desire to announce that my colleague [.Mr. POINDEXTER] is de with the call of the roll. tained from the Chamber on account of the death of his The Secretary proceeded to call the roll. mother. I shall allow this announcement to s tand for the rest l\Ir. BURNHA.M (when his name was called). I have a gen of the day. eral pair with the Senator from 1\Iaryland [Mr. SMITH]. If he The following Senators answered to their names: were present, I would vote "nay." Bacon Culberson Lodge Root Bourne Cullom l\IcCumber Simmons Mr. CLARK of Wyoming (when his name was called). I Brandegee Cummins Martin, Va. Smith, Ga. ha-ve a general pair with the senior Senator from Missouri [1\Ir. Briggs Curtis l\fartine, N. J. Smith, Mich. Bristow Dillingham Myers Smoot STONE]. I transfer that pair to the junior Senator from North Brown du P<1Dt Nixon Sutherland Dakota [l\Ir. GRONNA], and vote "nay." Bryan Foster O'Gorman Swanson Mr. GUGGENHEIM (when his name was called). I have a Bum ham Gallinger Oliver Taylor Burton Gardner Overman Thornton general pair with the senior Senator from Kentucky [1\Ir. PAYN Chamberlain Guggenheim Page Townsend TER]. He is not in the Chamb~, so I withhold my vote. Chilton Hitchcock Percy Warren Mr. GARDNER (when the name of Mr. JOHNSON of Maine Clapp Johnston, Ala. Perkins Watson Clark, Wyo. Jones Pomerene Willfam.s was called). 1\ly colleague [Mr. JOHNSON] is necessarily absent Clarke, Ark. Kern Rayner Works from the Senate on official business. Were he present, he would Crane Lea Reed vote " nay " on this amendment. Tbe PRESIDENT pro tempore. Fifty-nine Senators have Mr. WILLIA.1\1S (when his nam~ was called). I wish to an answered to their names. A quorum is present. The question nounce my pair with the senior Senator from Pennsylvania is on agreeing to the amendment of the Senator from Georgia. [Mr. PENROSE]. l\1r. McCUUBER. On that I ask for the yeas and nays. The roll call was concluded. Mr. OVERMAN. Let the amendment be reported. Mr. LEA (after having voted in the negative). Has the The PRESIDENT pro tempore. The Secretary will again junior Senator from Rhode Island [l\Ir. LIPPITT] voted? state the amendment. The PRESIDENT pro tempore. The Chair is informed that The SECRETARY. At the end of the bill add the following: he has not. P rodded, That no one of the said pensions shall be paid until the Mr. LEA. I have a general pair with the junior Senator from examination bas been made in the Pension Bureau "and it has been found that said party has actually served in the A.rmy or the Navy Rhode Island [l\Ir. LIPPITT]. Therefore I withdraw my vote. · and was engaged in some battle in connection with said service. Were he present, I should vote "nay." l\Ir. SMITH of Georgia. I wish to add what I send to the Mr. DILLINGHAM (after having voted in the affirmath"e). desk. I did not observe when I voted that the senior Senator from The Secretary read the amendment as follows: South Carolina [l\Ir. TILLMAN] was not in the Chamber. I Prodded, That no one of the said special pensions contained in this therefore withdraw my vote, having a generjtl pair with that bill shall be paid to any one of the parties herein named until the Senator. Pension Bureau has made investigation and found the said party to whom the same is to be paid did not enter the service in consideration Mr. JOHNSTON of Alabama 'after having voted in tlle nega of a bounty or for a payment made to him to serve as a substitute; and tive.) I was absent from the Senate on committee service when Prl) vidcd, That no one of the said pensions shall be paid until the the vote was begun. I wish to know ·whether the question is on examination bas been made in the Pension Bureau and it has been found that said party has actually served in the Army or the Navy both provisos. and was engaged in some battle in connection with said service. The PRESIDENT pro tempore. Only on the first one. The -PRESIDENT pro iempore. Does the Sena.tor from Mr. JOHNSTON of Alabama. I will change .my "rote from Georgia offer this amendment in connection with the other, or "nay" to "yea." separately? l\lr. ORAWFORD. I wish to announce that my colleague ::Hr. S:.\IITH of Georgia. Together. [l\lr. GAMBLE] is necessarily absent. He has a standing pair T he PRESIDENT pro tempore. The question is on agreeing with the junior Senator 'from Arkansas [Mr. DAVIS]. If my to the amendment of the Senator from Georgia. colleague were present, he would vote "nay." l\fr. I\lcCUl\IBER. On that I ask for the yeas and nays. Mr. JONES. I have already announced the absence of my · The yeas and nays were 01:dered. colleague [Mr. POINDEXTER]. If he were present, he would T"Ote • l\lr. CULBERSON. I should like to inquire whether each "nay " on this amendment. ' amendment is distinct in itself-I was ·not completely able to Mr. CUMMINS. .My colleague [Mr. KENYON] is necessarily hear them when they were read-and therefore divisible. absent. If he were present, he would yote, upon this question, The PRESIDENT pro tempore. T·hey are undoubtedly divisi "nay." . ble, but the Chair asked the Senator from Georgia whether 1\fr. BORAH. My colleague [Mr. HEYBURN] is absent on they should be taken together as one amendment, and he re account of illness. If he were present, he would vote "nay." plied in the affirmative. Of course, upon the demand of any Mr. McCUl\IBER. I desire to state that my colleague [l\Ir. ·Senator they may be considered separately. GRONNA.] is absent. Were he present, he would vote "nay." J\fr. CULBERSON. If the Senator from Georgia has no par Mr. BORAH. I desire to add also that my colleague [Mr. ticular reason why they should be considered together, I should HEYBURN] is paired with the Senator from Alabama [Mr. like to have them considered separately. BANKHEAD], 1912. . CONGRESSIONAL RECORD-SEN ATE. a1_37 l\Ir. OLIVER. My colleague [Mr. PENROSE] is necessarily move to amend, on page 14, by striking out all of lines 20, 21, absent to-day. He is paired with the Senator from Mississippi 22, and 23, the case of Samuel Beatty. · [1\Ir. WILLIAMS]. If my colleague were present, he would vote The PRESIDENT pro tempore. The Secretary will report the "uay." ' amendment.. The result was announced-yeas 12, nays 47, as follows l The SECRETARY. Strike out lines 20 to 23, inclusive, on page YEAS-12. 14, in the following words: The name of Samuel Beatty, late first lieutenant Company I, Third Bacon Culberson Martin, Va. Simmons Bryan Gore Overman Smith, Ga. Regiment Pennsylvania Reserves Volunteer Infantry, and pay him a Clarke, Ark. Johnston, Ala. Percy Swanson pension at the rate of $24 per month in lieu of that he is now receiving. NAYS-47. The amendment was agreed to. Borah Crane Lodge Shively Mr. BRYAN. Mr. President, I offer an amendment, which I Bourne Crawford Mccumber Smith, Mich. send to the desk. Bradley Cullom McLean Smoot The PRESIDENT pro tempore. The amendment . will be Brandegee Cummins Martin.e, N. J. Sutherland Briggs Curtis Myers Taylor stated. Bristow du Pont Nelson Thornton The SECRETARY. Amend, by striking out lines 20, 21, 22, and Brown Foster Nixon Townsend Burton Gallinger O'Gorman Warren 2-3, on page 5, the following words: Chamberlain Gardner Oliver Watson The name of Francis M. Cox, late of Company B, Forty-fourth Regi Chilton Hitchcock Page Wetmore ment Indiana Volunteer Infantry, and pay him a pension at the rate of Clapp Jones Perkins Works $24 per month in lieu of that he is now receiving. Clark, Wyo. Kern Pomerene The PRESIDENT pro tempore. The qu~stion is on agreeing NOT VOTING-32. to the amendment proposed by the Senator from Florida. Bailey Gronna Lorimer Richardson Bankhead Guggenheim Newlands · Root Mr. BRYAN. I ask the Secretary to read what appears in the Burnham Heyburn Owen Smith, Md. report in thls case, found on page 12 of Report No. 205. Davis Johnson, Me. Paynter Smith S. C. The PRESIDENT pro tempore. The Secretary will read the Dillingham Kenyon Penrose Stephenson Dixon La Follette Poindexter Stone part indicated by the Senator from Florida. Fletchel' Lea Raynel' Tillman ~'he Secretary read as follows: Gamble Lippitt Reed Williams S. 562. Francis M. Cox, of Orting. Wash., served as a private in So the amendment of Mr. SMJTH of Georgia was rejected. Company B, Forty-fourth Regiment Indiana Volunteer Infantry, from February 4, 1865, to Segtember 14, 1865, and was hQnorably discharged. The PilESIDE~TT pro tempore. The question now is upon He is a pensioner at $2 per month undel' the service a.ct of February 6, the second proviso offered by the Senator from Georgia. 1907: He never filed a claim under tbe general law, but formerly drew Mr. SMITH of Georgia. I withdraw the second portion of $12 per month under the act of ·June 27, 1890, granted him on account of total inability to earn a. support by manual labor. The testimony ·the amendment, with the consent of the Senate, and I wish to shows that claimant is about 80 years of age, and that he is broken offer another amendment. down from piles, hernia. and general and senile debility, and is wholly The PRESIDEl\'T pro tempore. Without objection, the unable to earn a living by manual labor. It further appears that be is without property or means and is entirely dependent upon his pension amendment will be considered as withdrawn, arid the amend for support. On account of his age, poverty, and total disability your ment now sent to the desk will be read. committee recommend increase of pension to $24 per month; his service The SECRETARY. It is proposed to add, at the end of the bill, was little more than seven months and no greater increase is warranted. the following proviso: l\Ir. BRYAN. l\Ir. President, that, as stated in the report, is P r odded, That after the passage of this bill it shall be the duty of an enlistment which covered a period of a little more than the Pension Bureau to investigate the record of each party named seven months. Yet, including the three days of the bloody therein, and i.f it is found from the records of the Army or Navy that any party therein named failed to have an honorable discharo-e then battle we learned of on Saturday, the great Battle of Appo the name of such party shall thereafter be stricken and he shall no mattox, he ,could not have served 9-0 days in actual warfare. longer receive any benefit from said bill. He was not injured by reason of his service. He, too, has JHr. l\IcCUl\IBER. I do not know whether the Senator is drawn about $3,400 of pension for the 64 days of service. He, aware of the fact that no names could ·be placed upon tlle pen too, has taken a place above all others of his age who had ser-r sion roll at all unless the soldiers had had an honorable dis ice ranging from one to fo1n- years in the Civil War. charge. That is the existing law. The bill applies only to I do not intend to delay the action of the Senate further than those who have had an honorable discharge. to call attention to this case, so that it may be under-stood by l\Ir. Sl\1fi'H of Georgia. But I could not tell,_Mr. President, Senators as they vote for an omnibus bill,. and it may be under from looking at the bill whether it was not the purpose of the stood by the country at large just exactly -what Congress is bill in some instances to remove diSa.bilities and to give pen doing with reference to special pension legislation. sions to men who did not have honorable discharges. On Satmday the distinguished Senator from Indiana [l\fr. 1\fr. McCUUBER. Ko; in any case where there is a question SHIVELY] chided me for picking out from the list of names one about the party having been honorably discharged it goes to name, and he asked me the question whether I considered that the Committee on Military Affairs, and not to the Committee on typical of the cases being provided for by special pension legis Pensions, and the ex-soldier could not be placed upon the pen lation. I did not have a fair opportunity to answer his question sion roll unless he had recei>ed an honorable discharge. If the before I was asked another question. Senator will look at the first clause of the bill he will see I do not claim, Mr. President, that the case of l\Ir. Angel is that it reads: typical; I do not claim that this case is typical; but I do claim That the Secretary of the Interior be, and he is hereby, authorized that there are a number included in the omnibus bill Saturday and directed to place on the pension roll, subject to the provisions and and in this omnibus bill to-day of service during the actual con limitations of the pension laws- tinuation of the war of from 40 to 50 or 60 days. One of the provisions and limitations of the pension laws is Without taking up the time of the Senate to offer another that the claimant must ha>e an honorable discharge. amendment, I shall use the amendment I intended to offer after .Mr. SMI'l'H of Georgia. 1\lay I ask the Senator a question? this one is voted do,vn, for the purpose of illustrating that there The PRESIDENT pro tempore. Does the Senator from North are other cases here. Dakota yield for a question? On page 6 of the bill and on page 13 of the report of the com l\Ir. 1\lcCU~IBER. Certainly. I was through. mittee it is shown that 1\Ir. Alonzo L. Baker enlisted February l\Ir. Sl\IITII of Georgia. Then, in point of fact, there is not 14, 1865, and that he was honorably discharged September 20, a man whose name is on this list who is having in any way the · 1865; that he, too, has drawn about $3,400; that he was not defect of an honorable discharge cured, but everyone on this list injured by reason of his service to his counh·y; tllat he is only has received an honorable discharge. 65 years of age; yet that he, nevertheless, also is to be singled l\Ir. l\fcCUMBER. Everyone on this list must have received out and made an exception of and made the beneficiary of an honorable discharge. special pension legislation. l\fr. SMITH of Georgia. Then, l\Ir. President, I will not in Mr. President, a few moments ago a request was made by sist upon the amendment. It is because I did not know the fact, the chairman of the committee for the yeas and nays to deter- and I was struck with the size of some of the pensions, that I -mine whether or not we would undertake to eliminate from the wanted to raise tlle question. I withdraw the proposed amend pension roll the bounty jumper. The Senate by an overwhelm ment. ing vote decided it would not do so. On Saturday I asked for The PRESIDE!~T pro tempore. The amendment is with the yeas and nays so as to determine whether or not the name drawn. The bill is still as in Committee of the Whole and open of a soldier of 46 days' service should be stricken from the bill, to amendment. and I could not get enough hands raised to accomplish that pur l\fr. McCUl\fBER. Since we have been discussing this matter pose. If Senators believe that it is right and proper to retain I have received notice of another death of one of the claimants, the name that I ha-re moved to strike from tbis list, if they which compels me to ask for a further amendment. I therefore believe that man ought to be elevated above the rank and file of · { . 3138 CONGRESSIONAL RECORD-SENATE .. MARcH 1r; soldiers generally, it does seem ·to me that at least Senators to his command at Appomattox Court Rouse, April 9, 1865, in ought not to object to having themselves so recorded in the which he said to his faithful comrades: 0oN" GBESSIONAL RECORD. Therefore on this yote I ask for the Within the past 10 days * * * you have captured 46 pieces o! yeas and nays. field artillery and 37 battle flags. You have never lost a gun, never lost ~ color, and have never been defeated. Mr. S~HTH of Michigan. Mr. President, a great deal has been sa.icl by the Senator from Florida about the war being 1\Ir. President, Southern soldiers did not part with battle over before these later enlistments took place in 1865. Without flags without a fight; these glorious emblems of their prow.ess, any intention whatever of reviving unpleasant memories, in fact, often tattered and torn and faded, still lured the living soldiers in a spirit of admiration and of the highest appreciation for of Lee to battle for disunion even when the maddening cur their gallantry and valor, and praise for the men of the South rent of disaster ran strongly against them; and I ha ye heard who fought in the rebellion, I say that it was very difficult to it said of the Confederate soldiers that death was at all times convince them they had been whipped, although they made preferable to defeat. elirs, you do them little honor when you little permanent headway against the North and gave way only say that there was no fierce resistance after the fall of Rich after the most stubborn resistance. I am going to read, in re mond. ply to these statements of southern Senators, the actual condi The Battle of Dinwiddi'e Courthouse, Five Forks, and Sailors tion of affairs as viewed by the commander in chief of the Con Creek on April 6, where 6,000 Confederate soldiers were cap federate Army more than two months after the enlistment of tured on the way to Appomattox Station, and the capture of the men whose recoi-ds are being called in question to-day. the supply trains intended for Lee's army on the Lynchburg Pike I read an address delivered by Jefferson Davis in Danville, by Gen. Custer, cutting off a possible retreat to Lynchburg, Va., on April 4, 186~: hastened events at Appomattox and brought great credit t.o the DANVILLE, VA., April 4, 1865. Union arms. To the pe J \ 1912 .. CONGRESSIONAL RECORD-SENATE. 3139 l\fr. BRYAN. Well, that is this case, and it is the only case Mr. SMITH of Michigan. Oh, Mr. President, many a volun to which I have referred-and elevate them above the great teer soldier has gone to a premature grave by reason of the body of the veterans of the Union Army? long marches and the suffering he endured in the South; and Mr. SMITH of Michigan. Mr. President, I would prefer just it will not do to say, because he happened to escape the vigi and generous general laws; but we have found it impossible to lance and skill of the sharpshooter and was not picked off by a get such legislation for them all. I ask the Senator from southern bullet, that he rendered no service of distinction to Florida if we would ·rnte down these special bills would the his country. Senator from Florida join me in the passage of n general pen Mr. l\IcCUMBER. Mr. President-- sion law calculated to give these veterans their honest due, such The PRESIDENT pro tempore. Does the Senator from a bill, for instance, as has recently passed the House of Repre Michigan yield to the Senator from North Dakota? sentatives and is now pehding in the Senate? Mr. SMITH of l\fichigan. I do. Mr. BRYAN. Does the Senator desire me to answer that Mr. McCUMBER. l\Ir. President, the war closed nearly 47 question? years ago. It has taken us, therefore, nearly 47 years to learn l\lr. SMITH of Michigan. I do. that the basis of our pension system has been wrong in e1ery l\Ir. BRYAN. Mr. President, I have talked so much about respect. All of our pension legislation, based upon service, has pension legislation that I supposed anyone who desired to recognized the standard of 90 days' service to entitle the soldier know my views, if they are worth considering, knew the posi to the consideration of his country. Up until the present time tion I have taken. I say to the Senator from Michigan that I we have not changed that law. A man who served 90 days ha~ will go as far as he will to vote pensions based upon meri during all these years received exactly as much for a giyen torious service in the Civil War and upon need. ·I will vote for condition as the man who served during the entire war. any pension bill that includes those two items, but, in my l\lr. President, there must have been something in that basis judgment, it is not proper legislation to vote pensions to those of pension that appealed either to the American people or to who do not need them. Nor is it proper to vote pensions to the soldiers who are interested, or it would have been modified those who enlisted but rendered no service and suffered no and disposed of >ery many :rears ago. injury because of their patriotism. Mr. BRYAN. Mr. President-- Mr. SMITH of Michigan. l\1r. President, does the Senator The PRESIDE1'"T pro tempore. DQeS the Senator from North .from Florida indicate by his position that he would not vote Dakota yield to the Senator from Florida? to pension a soldier in the Union Army who was not wounded i\Ir. l\IcCUMBER. I yield. in action? l\fr. BRYAN. Does the Senator from North Dakota claim Mr. BRYAN. I did not say that, l\Ir. President. that prior to the act of June 27, 1890, there were any pensions Mr. Sl\lITH of Michigan. The Senator says "meritorious." paid to those who could not trace injury to their service in the I should like to know what he means by "meritorious." How war? does he distinguish between men who composed the Army of the Union? l\Ir. McCUMBER. I mean to say that since the war closed a Mr. BRYAN. I said, Mr. President, some time ago that I given condition has always been the basis of the pension believed meritorious service and need should coexist as pre granted-the condition of the soldier-that service or length of requisite to a pension, but because of the fact that there were service was never taken into consideration-- those now receiving aid of the Government who could ill afford Mr. BRYA:N. But injury was. to have that aid taken away, I would vote to pension those who Mr. l\fcCUl\1BER. And that since June 27, 1890, when we suffered no injury provided they. were in need of pension. passed the pension bill of that date, up until the present time, Mr. SMITH of Michigan. What should be their necessity- there has been no demand that we should recognize a different po>erty? standard than the standard of 90 days' service. Mr. BRYAN. Yes, sir. l\Ir. BRYAN. . Prior to 1890 the beneficiary had to trace his l\Ir. SMITH of Michigan. Old age? injury to the service before he could be eligible to recei1e a l\Ir. BRYAN. Does the Senator from Michigan-- pension? Mr. SMITH of 1\Iichigan. If the Senator will permit me, I l\Ir. McCUl\IBER. Up until 1890. have the floor. Would poverty and old age be reasons for vot l\Ir. BRYAN. Then it has not been 47 years. ing pensions to soldiers of the Union Army? Mr. l\IcCUMBER. But if prior to 1890 a man lost an arm, he Mr. BRYAN. I think so; undoubtedly. would receive the same pension, whether he sen-ed one day or lr. SMITH of Michigan. Would physical ailments, not per- whether he sened during the entire war. haps the result of wounds, but exposure, be one of the reasons? Mr. BRYAN. Certainly; if he was- injured. Mr. BRYAN. Unless due to the service; no. Mr. l\IcCU:MBER. Congress has made no distinction because Mr. Sl\fITH of Miclljgan. They would not be? of the service origin for which the pension was given, nor has l\fr. BRYAN. They would not be. Simply for the reason it recognized anything but 90-day service as the standard for that a man enlisted, although he rendered no actual service the granting of a service pension. and can not trace any injury to the war, I would not vote to I wish to close this discussion before 4 o'clock, if I can. The . gi>e him a pension or vote for a general bill giving him one. · Senator has criticized this particular biU. Now, let us see what l\fr. SMITH of Michigan. No one else proposes to give him a there is in the bill. The Senator evidently not only disagrees pension if he did no service, but a man may have been a most efficient soldier and not ha>e been wounded in battle. He may with the Bureau of Pensions as to when the war closed, but he have been a most efficient soldier without having a hospital disagrees with the law as to when the war closed. He disagrees record. He may have been a most gallant soldier and not have with the President of the Confederacy as to when the war suffered greatly at the time, and yet be unable because of that closed, and he disagrees with my friend, the Senator from service to withstand its effect upon his declining years. There Michigan, as to when the war closed, and with all those authori are hundreds and thousands of men who followed Lee, as there ties against him, especially the authoritative statement of the are those who followed Grant, who were not wounded, but the President of the Confederacy and the iaw of the land, the fact that they encountered the long marches, that they may Senator ought to admit that the war did not close April 9, 1865. ha1e suffered in Army prisons, that they may ha>e been called 1k BRYAN. l\fr. President-- . upon to brave storms and trials, entitles them to the generous The PRESIDENT pro tempore. Does the Senator from North consideration of the Go>ernrnent they helped to saYe. Dakota yield to the Senator from Florida? l\Ir. BRYAN. Does the Senator from Michigan agree or does l\lr. l\1c0Ul\1BER.- Certainly. he not agree with a former Congressman from Michigan-I l\fr. BRYAl'r. I think after the Senator has made that state believe he was from Michigan, the Senator's State-and who ment he ought to allow me to suggest to him that on Saturday has been past grand commander of the Grand Army of the I stated that I conceded that the war was officially declared Republic, in a statement-- closed on August 20, 1866, but that, as I had understood, until the Hr. S:MITH of Michigan. I recollect what the Senator said Senator from l\Iichigan established his reputation as a historian, on Saturday. and that of the great three days' battle at Appomattox, the war Mr. BRYAN. That o>er 600,000 of the latter-day enlisted closed on April 9, 1865. I would not question the accuracy of his men never saw service, and that it is unfair to put them on an torians. But I would rather question the accuracy of the his equality with the \eterans of the Army? torian than to have removed from my mind the vivid description Mr. SMITH of Michigan. Even though they were exposed to of the great battle of Appomattox of three days' standing. ·so the rain and the sleet ·and the snow that were incidental to I think it is. hardly fair for the Senator from North Dakota to their long marches and took upon themselves all the burdens suggest that I have tried to make it appear that the war tech and discomforts of war? nically closed prior to August, 1866. I know it did not; and ·r Mr. BRUN. But recei1ed no injury from it. am of the opinion that those soldiers who served after the real 3140 CONGiiESSION AL RECORJ?-SEN ATE.: J\f.ARCH 1 f 1. Ur. WILLI.AMS (when his name was called). I am paired with the senior Senator from Pennsylvania [Mr. P ENROSE]. If he were present and I were at liberty to vote upon this particu lar amendment, I would -vote "nay." The roll call was concluded. l\Ir. GUGGID\:""HEilI. I have a general pair with the senior Senator from Kentucky [Mr. PAYNTER], who is not here. So I withhold my vote . .l\lr. OLIVER. l\Iy colleague Uir. PENROSE] is necessarily absent. If he were present, he would vote "nay." Mr. CLARK of Wyoming. I hm·e ·a general pair with the Senator from· Missouri [l\Ir. STONE]. I transfer my pair to the Senator from North Dakota [l\Ir. GRONNA] and vote "nay." l\Ir. GARDNER. My colleague [l\Ir. JOHNSON of 1\Iaine] is necessarily absent from the Chamber. Were he present, he would vote "nay." Mr. CLAPP: I have a general pair with the senior Senator from North Carolina [l\lr. SIMMONS]. Not lmowing how he would vote, I wit}?.hold my vote. If he were present, I would vote " nay." · - Mr. CUMMINS. My colleague [l\Ir. KENYON] is absent. If he TI"'ere here, be would vote "nay." Mr. CR.AWFORD. I desire to again state and have the statement stand for all future roll culls to-day that my col league [l\fr. GAMBLE] is necessarily absent and that he has· a general pair with the junior Senator from Arkansas [Mr. DAvrs]. If my colleague were present, he would vote "nay,., on this question. '.rhe resnlt was announced-yeas 4, nays 50, as follows: YEAS-4. Bryan Martin, Va. Smith, Ga. Swanson N.AYS-50. Borah Culberson Mc Cumber Shively Bourne Cullom McLean Smith, Mich. Bradley Cummins Martine, N. J. Smoot Brandegee Curtis Myers Sutherland Briggs du Pont Nelson Taylor Bristow Foster Nixon Thornton Brown Gallinger O'Gorman Townsend Burton Gardner Oliver Warren Chamberlain Hitchcock Overman Watson Chilton Johnston, .Ala. Page Wetmore Clark, Wyo. Jones Perkins Works Clarke, Ark. Kern Pomerene Crawford Lodge Iloot NOT VOTING-37. Bacon Gamble Loiimer Simmons Bailey Gore New lands Smith, Md. Bankhead Gronna Owen Smith, S. C. Burnham GuggenlJ.cim Paynter Stephenson Clapp lleybnrn Penrose· • Stone Crane Johnson, Me. Percy Tillman Da:vis Kenyon Poindexter Williams Dillingham La Follette Rayner Dixon Lea Reed Fletcher Lippitt Richard:;on So 1\Ir. BRYAN'S amendment was rejected. 1 SERVICE PENSIONS. Mr. l\IcCUMBER. I ask that the unfinished business be laid before the Senate. The PRESIDENT pro tempore. The hour of 4 o'clock having arriveE., the CJ;rn.ir lays before the Senate the unfinished busi- ness, which is House bill 1. • The Senate, as in Committee of the Whole, proceeded to con sider the bill ( H. R. 1) granting a service pension to certain defined veterans of the Civil War and the War with Mexico . .Mr. l\fcCUl\IBER. 'I'he bill has not been read. The PRESIDENT pro tempore. The Secretary will read the bill. The SECRETARY. The Committee on Pensions proposes to strike out all after the enacting clause and insert-- Mr. WILLIAMS. I should like to ask the Senator from .i: ""orth Dakota a question before the i·eading. What bill is tllis ? Is this the so-called Mccumber bill or is it the Sherwood bill? Mr. · McCUMBER. It is the Sherwood bill amended by a: substitute, which was prepared by the committee. l\fr. WILLIAMS. It is generally lmown in the press as the Mccumber bill, is it not? Mr. McOUMBER. It seems to be known under scyeral names. Mr. OVERMAN. It is the Sherwood bill that is up, with this as an amendment. Mr. l\IcOUl\IBER. A substitute for the Sherwood bill. Mr. OVERMAN. The Sherwood bill is up, and tllis is a sub stitute offered for it. Mr. 1\fcCUMBER. Yes. The PRESIDENT pro tempore. The Chair would state for the information of the Senate that it is a House bill which is I 1912. OONGRESSION AL RECORD- SEN ATE. 3141 other person shall demand or receive, directly or indirectly, any com before the Senate with a substitute in the nature of an amend pensation in advance of such allowance, or other compensation than ment proposed by the Committee on Pensions. Is it the desire herein prescribed; and any person who shall violate any of the pro of the Sena.te that the original bill shall be read or merely the visions of this section, or who shall wrongfully withhold from a pen sioner or claimant the whole or any part of a pension or claim allowed substitute? or due such pensioner or claimant under this act, or shall wrongfully ·:Mr. l\IoOUMBEil. I ask unanimous consent that the substi withhold any affidavits or other proofs in support of a claim, shall be tute, which is the amendment, 8e read. deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every offense, be fined not exceedin~ $500 or be imprisoned l\fr. CURTIS. I ask that the original bill be read, as well at hard labor not exceeding two years, or both, m the discretion of the as the substitute. c.ourt: Pro1Jided, That no greater fee than $2 shall be allowed or paid The PRESIDENT pro tempor('. The original bill will be in any claim for increase of pension under this act. "SEC. 4. That the Commissioner of Pensions shall make, at the time read on the demand of the Senator from Kansas. of submitting his next annual report. a separate report for each county The Secretary read the bill (H. R. 1) gr.anting a service pen of eaeh State, Territory, or District, containing a statement or table sion to certain de.fined veterans of the Civil War and the War which shall contain the names, lengths of service, monthly rates of. payment, and residences of all pensioners of the United States; and with Mexico, as follows: shall thereafter, as said annual reports are submitted, make separate That any· person who served in the military or naval service o.f the l/eports similar in all respects, except that such subsequent reports shall United States during the late Civil War or the War with 1\Iexico, and contain only those added to the pension roll during the fiscal year for who has been honorably discharged there.from, and all members of which each annual report is made." · State organizations that are now pensionable under existing law, shall, upon making proof of such facts according to such rules and regula Mr. CULBERSON. Mr. President, I do not ask that the tions as the Secretary of the Interior may provide, be placed on the entire report be read, but I do think it ought to appear in the pension roll and be entitled to receive a pension as follows : For a service of 00 days or more in the Civil War, or 60 days or more in the RECORD. Consequently I ask thn t the report of the committee, War with l\Iexico, and less than 6 months, $15 per month ; for a serv as well as the views of the minority, may be printed in the ice of 6 months or more and less than 9 months, $20 per month ; for CONGRESSIONAL RECORD following the reading. a service of 9 months or more and less than 1 year, $25 per month ; for a service of 1 year or more 30 per month : Provided, That any The PRESIDENT pro ternpore. Is there objection? such person who served in the War with Mexico shall be paid the .Mr. l\foOUMBER. J"ust a moment, l\fr. President. The Sena maximum pension under this act, to wit, $30 per month. tor wants to have the \iews of the minority printed? Is that SEC. 2. That sny person who served in the military or naval service of the United States during the Civil War and received an honorable his request? discharge, and who was wounded in battle or in line of duty and is Mr. CULBERSON. I want to ha\e the entire report printed, now unfit for manual labor, through causes not due to bis own vicious including, first, the report of the majority. In other words, I habits, or who from disease or other causes incurred in line of duty resu1ting in his disability is now unable to perform manual labor, shall want Report No. 355 printed in the RECORD, which includes the be paid th·e maximum pension under this act, to wit, $30 per month, majority and minority reports. without reJrard to his length of service. SEC. 3. That no person hall receive a pension under any other law Mr. McOUl\IBER.· I have no objection to that, Mr. President. at the same time or for the same period he is receiving a pension The PRESIDEllt"'T pro tempore. Without objection, it is so under the provisions of this act. ordered. SEC. 4. That rank in the service shall not be considered in applica tions filed hereunder. The matter referred to is as follows : SEC. 5. That pensions · under this act shall commence .from the date [Senate Report No. 355, Sixty-second Congress, second session.] of filing the application in the Bureau of Pensions after this act takes effect. SERVICE PEXSIO~S FOR CERTAIX DEFirED SOLDIERS OF THE CIVIL WA.R. SEC. 6. That no pension attorney, c.laim agent, or other person shall :rirr. McCu:uBER, from the Committee on Pensions, submitted the fol be entitled to recMve any compensation for services rendered in pre lowjng report, to accompany H . R. 1 : senting any claim to the Bureau of Pensions or securing any pension The Committee on Pensions, to whom was referred the bill (H. R. 1) under this act. entitled "An act granting a service pension to certain defined veterans of the Civil War and the War with Mexico," beg leave to report the The PRESIDENT pro tempore. The substitute in the nature same back with an amendment, as follows : of an amendment will be read. Strike out. all after the enacting clause and insert in lieu thereof the The SECRETARY. The committee amendment proposes to strike following : "SECTIOX 1. That any person who served 90 days or more in the mili out the words just read and to insert: tary or naval service of the United States during the Civil War, who That the act entitled "An act granting pensions to certain enlisted has been honorably discharged therefrom, and who has reached the age men, soldiers and officers, who served in the _Civil ar and the War of 62 years or over, shall, upon making proof of such facts, according to with Mexico," approved February 6, 1907, be, and the same is hereby, such rules and regulations as the Secreta.ry of the Interi01: may provide, amended to read as follows: be placed upon the pension roll and be entitled to receive a pen ion as " . 'ECTION 1. That any person who served !)O days or more in the follows : In case such person has reached the age or 62 years and military or naval service of the United States during the late Civil War, served 90 days, 13 per month; 6 months, $13.50 per month; 1 year, who has been honorably disc.barged therefrom, and who has reached the $14 per month; 1! years, $14.50 per month; 2 years, 15 per month; age of 62 yt!ars or over, shall. upon making proof of such facts, accord 2?; years, $15.50 per month; 3 years or over, lG per month. In case ing to such rules and regulations as the Secretary of the Interior may such person has reached the age of 66 years and served 90 days, 15 provide, be placed upon the pension roll and be entitled to receive a per month; 6 months, $15.50 per month; 1 year, $16 per month; l?; pension as follows : In case such person has reached the age of 62 years. $16.50 per month; 2 years, $17 per month; 2?; years, $17.50 per years and served 90 days, 13 per month ; 6 months, 13.50 per month; month ; 3 years or over, $18 per month. In c.ase such person has 1 year, 14 per month; H years, $14.50 per month; 2 years, $15 per reached the age of 70 years and served 90 du:rs, 18 per month; 6 month; 2~ years, 15.50 per month; 3 years or over, $16 per month. months, 19 per month; 1 year, 20 per month; 1! years, $21 per In case such person bas reached the age of 66 years and served 90 days, month ; 2 years, $22 per month; 2~ years, $23 per month ; 3 years or $15 per month ; 6 months, $15.50 per month ; 1 year, $16 per month ; over, $24 per month. In ca e such person bas reached the age of 75 H years, $16.50 per month; 2 years, $17 per month; 2~ years, $17.50 years and served 90 days, $21 pe1· month; 6 months. $22.50 per month; per month ; 3 years or over, $18 per monib. In case such person has 1 year, $24 per month; l?! yenrs, $25.50 per month; 2 years, 27 per reached the age of 70 years and served 90 days, $18 per month ; 6 month; 2! years, 28.50 per month; 3 years or over, 30 pl'r month. months, $19 per month; 1 year, $20 per month; H years, $21 per "That any person who has served 60 days or more in the military or month ; 2 years, $22 per month ; 2b years, $23 per month ; 3 years or naval service of the United States in the War with Mexico and has been over, 24 per month. In case such person has reached the age of 75 honorably di-charged therefrom shall, upon making like proof of such year~ and served 00 days, $21 per month ; 6 months, $22.50 per month ; service, be entitled to recel\e a pension of $30 per month. 1 year, $24 per month. H years, $25.50 ; 2 years, $27 per month ; 2?; "All of the aforesaid pensions shall commence from the date of filing years. 28.50 per month; 3 years or over, 30 per month. .of the applications in the Bureau of l'ensions after the passage and " That any person who has served 60 days or more in the military or approval of this act: P ·ro'!;ided, That pensioners who are 62 years of age naval service of the nited States in the War with Mexico and has been or over and who are now receiving pensions under existing laws or honorubly discharged therefrom shall, upon making like proof of such whose claims are pending in the Bureau of rensions may, by application service, be entitled to receive a pension of $30 per month. ta the Commissioner of Pensions, in such form as he may prescribe, "All of the aforesaid pensions shall commence from the date of filing receive the benefits of this act; and nothing herein contained shall pre of the applications in the Bureau of Pensions after the passage and vent any pensioner or person entitled to a pension from prosecuting his approval of this act: Provided, That pensioners who are 62 years of claim and receiving a pension under any other general or special act : age or over, and who are now receiving pensions under existing laws, Pr nnd upon conviction thereof shall, for each and every offense, be fined ~ffiui~ted of the department an estimate of the added cost of House not exceeding $500 or be imprisoned at hard labor not exceeding two years, or both, in the discretion of the court t Pt·ovided, That no greater The eleventh proposition, containing the doubre standard, which fee than $2 shall be allowed or paid in any claim for increase of pension was introduced in the form of a bill in Senate bill 4320, in tabulated under this act. form, ls as follows : " SEC. 4. 'l.'hat the Commissioner of Pensions shall make at the time Bleventh vroposition. of submitting his next annual report a separate report for each county of each State, Territory, or District, containing a statement or table which shall contain the names, lengths of service, monthly rates of Age. 90 days. 1 year. 2 years. 3 years. 4 years. payment, and residences of all pensioners of the United States; and shall thereafter, as said annual reports are submitted, make separate ------reports similar in all respects1 except that such subsequent reports shall 62 years.--·------.•... $13 $14 $15 $16 ...... contain only those added to the pension roll during the fiscal year for 66 years .... -·· .••... ---· .. . 15 16 17 18 ...... which each annual report is made." 70 years .. _..... ··-·--· ... _.... . 18 20 22 24 ...... In the amendment proposed by your committee is involved the prime 75 years .. ------··--·· ..• _.. _.. . 21 24 27 30 ...... purpose of our pension system. A word upon that system and its pur pose may therefore be proper. Prior to 1890 all pension legislation relative to the survivors of the folfoh;s ~·eport of the added cost of this proposition, in 3'.'ears, is as Civil War recognized only specific disabilities incurred in Une of duty. By the act of June 27, 1890, the requirement that a disability should Report ot11 eleventh i:n-oposition. be of service origin was abandoned, and there was substituted in its stead incapacity to perform manual labor, whether such incapacity was due to service or otherwise. This act provided a pension for such Annual disability ranging from $6 to $12 per month. It required but a service Age. Length of service. Number of Present Proposed increasa Total in of 90 days and was the first purely service pension legislation applied pensioners. rate. rate. per pen crease per to the Civil War veterans. sioner. annum. The establishing of grades of disability to perform manual labor under this law was difficult and unsatisfactory, and as the age of the ---- claimant advanced the difficulty increased. It finally became neces 62 90 days ...... 32, 708 $12 $13 12 S392, 496 sary to measure the disability by the age test, and Executive Order 62 1 year ...... 27,807 12 14 24 (i(i7,368 No. 78 was issued in March of 1904. This order provided that in the 62 2years ...... 25,186 12 15 36 906,696 adjudication of pension claims under the act of June 27, 1890, age 62 3 years and over. _... 27,921 12 16 48 1,340,203 should be taken into consideration in determining disability; that 66 90 days ...... 36,966 12 15 36 1,330, 776 at the age of 62 the soldier should be considered to be one-half dis 66 1 year ...... 31, 427 12 16 48 1,508,4.96 abled for the. performance of manual labor, at the age of 65 two-thirds 66 ·2 years ...... 28,465 12 17 60 1, 707, 900 disabled, at the age of 68 five-sixths disabled, and at the age of 70 66 3 years and over ..... 31,556 12 18 72 2, 272,032 totally disabled, and should receive for said disabilities $6, $8, $10, 70 90 days._ ...... __ 31,590 15 18 36 1, 137,240 and $12 per month, respectively. This order was afterwards enacted 70 1 year ...... 26,857 15 20 60 1,611,420 into our pension legislation and was the forerunner of the age standard 70 2 years ...... ___ 24,325 15 22 84 2,043, 300 in subsequent legislation. 70 3 years and over._ .. _ 26,967 15 24 108 2,912,436 The act of June 27, 1890, also provided a pension of $8 per month 75 90 days ...... _..... 19, 831 20 21 12 237, 972 for all widows whose marriage bad taken place prior to that date and 75 1 year ...... 16,860 20 24 48 809, 280 (as amended by act of May 9, 1900) whose net income was not above 75 2 years ...... 15,270 20 27 E4 1,282,680 $250 per annum. · 75 3 years and over._ ... 16,929 20 30 120 2,031,480 There was no material change in our general pension laws from June - 27. 1890, until February 6. 1907, a period of nearly 17 years. Total...... -- 420,665 ...... 22, 191, 780 By the act of February G, 1907, a very great advance step in broaden ing nnd liberalizing our pension laws was taken. Prior to that time the youngest and the oldest veteran were treated alike, except as Average annual increase per pensfoner______$u2. 7i3 their pensions were graded by this order, No. 78. ApproximateFirst year increase ______in disbursements for pensions: 10,550,000. 00 By the act of February 6, 1907, we recognized advancing years as bringing with them increasing disabilities. Up to and including this SecondThird yearyear------~------______10,500,000.30,50~00~00GO period pensions were granted upon the assumption that the claimant Fourth year ______17,500,000.00 was disabled and that the Government, in its gratitude for bis great services in its time of need, should extend the hand of assistance. Fifth year------:------16, 000, 000. 00 The act of Feburary G, 1907, was solely an age pension, and granted This bill (S. 4320), modified by divisions of six months' periods of pensions to all who had served 90 days, as follows: At the age of 62 service, is the one adopted by the committee us a substitute for H. R. 1. years, $12 per month; 70 years, $15 per month; and 75 years, $20 pei: The thirteenth proposition submitted is as follows: month. The act of April 19, 1908, abolished the income provision, which had Thirteenth propos-ition. always been of questionable propriety, and the pension of every widow included in its provisions was increased to $12 per month. By the acts of February 6, 1907, and April 19, 1908, the services of ______A_g_e_. ______9_o_d_a_y_s_. 1 year. 2 years. j 3 years. , 4 years. the physical and the financial examiner were discontinued. Industry 1 and economy were no longer penalized, and the soldier of the most ex 62 years ... __ ._ ... _._. ____ .. ____ $12 $15 $18 ~~1 ...... tended hospital record had no advantage over him of the most extensive 66 years ...... _...... _.... __ field record. 15 18 21 24 ...... 70 years ...... 18 21 24 27 ...... No pension act has ever given such general satisfaction as the act 75 years ... -- ...... ____ . _____ - of February 6, 1907, and yet this act has of late been subject to some 21 24 27 30 ...... criticism. In all of our past pension laws the 90-day soldier stands exactly on the same footing as the 4-year soldier. House bill 1 seeks to The report on the thirteenth proposition is as follows : remedy this by the enactment of a purely service-pension law. From careful inquiry your committee believes that whatever degree Report on thi1·teenth proposition. of popularity this bill has obtained is due more to the amount carried by it than to the basis upon which the amount carried is distributed. No standard can be adopted that will operate with exact justice to Number Annual Total in each and every soldier. Many soldiers of short ·service were hurried Age. Length of service. of pen Present Proposed increase crease per immediately into the desperate warfare which marked the last year of sioners. rate. rate. per pen- annum. . the campaign. sioner . If a pension should be granted based upon the severity of the hard ships or sutrerings which the soldier endured in each case, there would be as many different amounts allowed as there are names on the pension 62 1 year .. ········-·-·· 27,807 $12 SIS $36 Sl,001,052 roll. 62 2 years ...... •. 25,1 6 12 18 72 1, 13,392 We may ask properly here, What ls the fundamental idea back of 62 3 years and over ..... 27,921 12 21 1 3,015,468 pension legislation? We believe we express the consensus of the public 66 90days ...... 36,966 12 15 36 1,330, 776 idea in our answer, that it is national gratitude. This gratitude seeks, 66 1 year ...... 31,427 12 18 72 2,262, 744 in our pension laws, the most proper mode of expression. Its first 66 2 years ...... 28,465 12 21 10 3,074,220 and its most natural impulse ls toward the relief of suft'ering and desti 66 3 years and over. _... 31,556 12 24 144 4,544,064 tution. It recognizes that destitution flows from disability. 70 90 days ...... 31,590 is 18 36 1,137, 2-.10 If our pension legislation had no deeper signi1lcance or sentiment 70 1 year ..... _...... 26,857 15 21 72 1,933, 704 than a sort of moral obligation to pay for services a fixed rate per 70 2 years. __ ...... 24,325 15 24 10 2,627, 100 month, then a pension based solely upon length of service might prop 70 3 years and over ..... 26,967 15 27 144 3,883,24 erly be enacted. But if such le~islation springs from the sentiment we 75 90 days ... __ ... _.... _ 19,831 20 21 12 237,972 have indicated, then it is certain that len"'th of service should not be 75 1 year ...... 16,860 20 24 48 809, 280 the sole standard in fixing the rate in any particular case. 75 2 years .. _...... •. 15,270 20 27 84 1,282,680 We do not claim that a pension, varied in amount according to the 75 3 years and over ..... 16,929 20 30 120 2,031,480 length of service, does not harmonize with the spirit that ts back of all pension legislation. We simply claim that making it the sole Total ...... 387,.957 ,. -...... +... --·. --...... 30,984,420 standard smacks too much the idea of hire. Other things being equal, it may very properly be said that the longer the service given Average annual increase per pensioner ______in defense of the country the greater should be the gratitude of that $79.87 country. The committee agree that we will more nearly approximate ApproximateFirst yeai- increase______in disbursements for pensions : 15,974.000.00 exact justice, and more nearly measure out to each soldier that sum which his sei-vices entiile him to :receive from a given appropriation, Second year------41,000, 000.00 by adopting both standards. or a double standard, which shaH. recog Third year------27,000,000.00 nize both advancing age and length of service. A hearing was had on all of the general pension biIJs on January 22l A resolution adopted by the Grand Army of the nepubIIc at Its last 1912, at which hearing the membe1·s of the committee on pensions oi: encampment indicates clearly the tenacity with which that organiza the Grand Army of the Republic testified. Prior to the giving of their tion bolds to the principle of a pension law which recognizes the dis- testimony they had met and by 1·esolution declared themselves in favor ability of age. · of the thirteenth proposition, and the testimony of each and all of these . The chairman of the Senate Committee on Pensions prepared a large membet·s supported the idea of the double standard. number of separate propositions, with varying combinations of the age From the nearings and from a very considerable corre pondence with and se1·vice standards, and submitted each proposition to the Interior veterans of the Civil War it developed that while nearly all preferred Department to obtain the added cost of pension legislation, and also the double standard, a very large number preferred to have divisions of . - 1912. OONGRESSION AL RECORD-SENATE. 3143 six months rather thnn on<: y('ar, as contemplated in these propositions. The tables we:-e therefore rearranged in accordance with this idea u.nd Annual the eleventh propo ition, as rearranged, was submitted as proposition Present Proposed Total in- Length of servica. Number of rate per rate per increas:! crease per :No. 16, and is as follows : pensioners. month. month. pi;r pen- annum. Si;cteeri,th prnposition, (eleventh modified) . moner. ---- Age. 90 days. 6 months. 1 year. lt years. 2 years. 2! years. 1 year and over .•••••...... 1,169 $6 S30 $288 336,672 a!l~~;. 1,732 8 30 264 457,248 ------1,564 10 30 240 375,360 172,621 12 30 216 37,285, 136 62 ...... -. $13.00 13.50 S14. 00 514.50 15.00 $15. 50 $16.00 5,932 14 30 192 1, 138,944 66 .•••...•• 15. 00 15.50 16.00 16.50 17.00 17.50 18.00 78, 148 15 30 180 14,066,640 70 ...... 18.00 19.00 20.00 21.00 22.00 23.00 24.00 1,787 16 30 168 300,216 75 ...... 21.00 22.50 24.00 25.50 27.00 28.50 30.00 18,063 17 30 156 2,817,82.8 152, 351 20 30 120 6,282, 120 The report on the sixteenth propositicn is as follows: 1,036 22 30 96 99,456 22,113 24 30 72 1, 592, 136 P1·oposition, No. 16. 958 25 30 60 57,480 Annual Total ...... 471,336 ----·------····------·----- 75,651,548 Nnmberol Present Proposed increase Total increase .Age. Length of service . pensioners. rate. rate. per pen- per annum. i Includes 1,398 survivors of the War with Mexico. sioner. The report on the eighteenth proposition is as follows : Propositio1i No. 18. 62 90 days ...... 9,573 S12.00 13.00 $12. 00 $114, 876. 00 62 6months ...... 23, 135 12.00 13.50 18.00 416,430.00 Annual 62 1 year ...... 15,043 12.00 14.00 24.00 361,032.00 Total in- Number of Present Proposed increase crease per 62 1~ years ...... 12, 764 12.00 14.50 30.00 382,920. 00 Age. Length o! service. pensioners. rate. rate. J)E'.rpen- 62 2 years ...... 7,294 12.00 15.00 36.00 262,584. 00 s1oner. annum. 62 2} years ...... 17, 92 12.00 15.50 42.00 751,464.00 62 3 years and over ... 27,921 12.00 16.00 48.00 1, 340, 20 -00 €6 90 days ...... 10, 19 12.00 15. 00 36.00 389, 484. 00 66 Cimonths ...... 26,1 46 12.00 15.50 42. 00 1, 09R, 132. 00 62 6months ...... 2~, 135 $12.00 513. 50 $18.00 $416, 430. 00 66 1 year ...... 17,002 12.00 16.00 48. 00 8:rti,096.oo 62 1 year ...... 15,043 12.00 15.00 36. 00 541,548.00 co ltyears ...... 14,426 12.00 16.50 54. 00 779,00±. 00 62 1! years ...... 12, 764 12.00 lfi.50 54. 00 689,256.00 66 2 years ...... 8,2±3 12.00 17.00 60.00 494,580.00 62 2 years ..•...... 7,294 12.00 18.00 72.00 525, 168.00 62 2~ 90.00 1, 610, 280. 00 66 2~ years ...... 20, 222 12. 00 17.50 66.00 1, 334, 652. 00 years ...... 17,892 12.00 19.50 66 3 years and over ... 31,556 12.00 1 . 00 72.00 2, 272, 032. 00 62 3 years and over, .. 27, 921 12.00 21.00 108.00 3, 015, 468. 00 70 90 days ...... 9,271 15.00 18.00 36.00 333, 756. 0() 66 90 days ...... 10,819 12.00 14.00 24.00 259,656.00 70 6 months ...... 22,405 15.00 19.00 48.00 1,075,440.00 66 6 months ...... 26, 146 12.00 • 15.50 42.00 1, 098, 132. 00 70 1 year ...... 14,569 15.00 20.00 60.00 874,140. 00 66 1 year ...... 17,002 12.00 17.00 60.00 1, 020, 120. 00 70 It years ...... 12,361 15.00 2LOO 72. 00 9,992. 00 66 1! years ...... 14,426 12.00 18.50 78.00 1, 125, 228. 00 70 2 years ...... 7,064 15.00 22.00 84. 00 593,376.00 66 2 years ...... 8,243 12.00 20.00 96.00 791, 32.8. 00 70 2! years ...... 17, 328 15. 00 "23. 00 96.00 1, 663, 488. 00 66 2! years ...... 20,222 12.00 21.50 114.00 2, 305, 308. 00 70 3 years and over ... 27,041 15. 00 24. ()() 108. 00 2, 920, 428. 00 60 3 years and over ... 31,556 12.00 23. 00 132.00 4, 165, 392. 00 75 90. days ...... 5,80± 20.00 21. 00 12.00 69,648. 00 70 90 days ...... 9,271 15.00 16.00 12.00 111,252.00 75 6 months ...... 14,027 20.00 22. 50 30.00 420, 10.00 701 •mont"' ...... 22,405 15.00 17.50 30.00 672, 150.00 75 1 year ...... , ... 9,121 20.00 24. 00 48.00 437,808.00 70 1 year ...... 14, 569 15. 00 19.00 48.00 699,312.00 75 1! years ...... 7, 739 20.00 25.50 66.00 510, 774. 00 70 l!years ...... 12,361 15.00 20.50 66.00 815,826.00 75 2 years ...... 4,422 20.00 27.00 84.00 371,448. 00 70 2years ...... 7,064 15.00 22.00 84.00 593,376.00 75 2! years ...... 10,848 20.00 28.50 102. 00 1, 106, 496. 00 70 21 years ...... , ... 17,328 15.00 23.50 100.00 1, 767' 456. 00 75 3 years and over ... 16,929 20.00 30.00 120. 00 2, 031, 480. 00 70 3 years and over ... 27,041 15.00 25.00 120.00 3, 244, 920. 00 75 6months ...... 14,027 20.00 21.50 18.00 252,486. 00 Total...... 420, 965 ...... 24, 112, 578. 00 75 lyear ...... 9, 121 20.00 23.00 36. 00 328,356.00 75 1! years ...... 7, 739 20.00 24. 50 54.00 417, 906.00 75 2 years ...... 4,422 20. 00 26.00 72.00 318,384.00 Average annual increase per pensioner______$57. 27 75 2~ years ...... 10,848 20.00 2.8. 00 96.00 1,041,408.00 .Approximate increase in disbursements for pensions : 75 3 years and over ... 16, 929 20.00 30.00 120.00 2, 031, 480. 00 First year ______11,454,000.00 Second ~·rar______33, 000, 000. 00 Third year ______21,000,000.00 Total ...... 405,588 ------· ------· - ...... 29,857,626.00 Fourth year ______19, 200,000.00 Filth year______17, 400, 000. 00 Average increase per pensioner ______$73.Gl The thirteenth proposition as rearranged was submitted us the eight Approximate increase in disbursements for pen ions : First yea.r ------14,722,000.00 eenth proposition and is as follows: Second year ______40,373,907. 00 Eighteenth proposition (thirteenth modified) . Third year ______26,184,034.00 Fourth year ______24,000,000.00 Fifth year------22,000,000.00 Age. 90 days. 6montbs. 1 year. 1! years. 2 years. 2! years. . a~a~!r. Average increase per annum per pensioner is ______160.50 Approximate increase in disbursements for pensions: ------First year ______Second year ______32,000.000.00 62 ...... $12.00 813.50 315.00 $16. 50 $18.00 $19. 50 $21.00 86,500,000.00 66 ...... :-... 14.00 15.50 17.00 18.50 20.00 21. 50 23.00 FourthThird year--- year ______------_ 59,000,000.00 / 70 ...... 16. 00 17.50 19. 00 20.50 22.00 23.50 25.00 54,500,000.00 75 ...... 20.00 21. 50 23.00 24.50 26.00 28. 00 30.00 FifthSixth year---year ______------_ 50,000,000. 00 45,500,000.00 The report on the added cost to the pension appropriation, by reason The last official estimate of national income and expense for the of enactment of H . R. 1 as it passed the House, is as follows : year ending June 30, 1913, gives us a balance of income over expense, exclusive of Panama Canal disbursements, of about $30,000,000. As suming that we will be able to maintain the relation of income to Present Proposed Annual Total in- expense during the following year, with the practice of a little more Number of increase rigid economy we could probably expend 33,000,000 in addition to the Length of service. pensioners. rate per rate per crease per month. month. per pen- annum. present cost of pensions for the year ending June 30, 1914, without the sioner. necessity of issuing bonds to cover the increased expenses. Your committee adopted the sixteenth proposition rather than the eighteenth because of our belief that we could increase our appropria 3 months...... 143 $6 $15 SlOS 15,444 tion 33,000,000 without a bond issue. 205 8 15 84 17, 2'2Q The cause of the second year's appropriation being so much greater 185 10 15 60 11, 100 than either the first or the third is that tbe bureau under ordinary 20,422 12 15 36 735, 192 conditions will handle about 200,000 applications a year; and it is 702 14 15 12 8,424 safe to say that 400,000 would be filed within the first year, and thC're 6 months..•...... •••. ••.... 124 6 20 168 20,832 fore the second year would carry the arrears of about 200,000. Of 183 8 20 144 26,352 course this depends upon what time in the year the bill becomes a law. 165 10 20 120 19,800 We believe that if we can pa s this amended bill before the summer 18,234 12 20 96 1, 750,464 months the bureau will be able to handle more than 200,000 cases the 627 14 20 72 45,144 first year. We will thereby increase the estimated additional cost for 8,255 15 20 60 495,300 the first year several million dollars and decrea e the second year's 189 16 20 48 9,072 estimate an equivalent amoµnt, and thus keep clearly within our income. 1,908 17 20 36 68,688 Your committee, in reporting a bill which shall carry nn additional 9 months.••••....•.....•... 206 6 25 228 46,968 average annual appropriation for pensions during the next five years 305 8 25 204 62,220 of 20,410,000 per year in the place of Honse bill 1, which would re 275 10 25 180 49,500 quire an additional average expenditure of 56,600,000 per annum, and 30,391 12 25 156 4, 740,996 which ignores what we regard as a very proper element in grunting 1,044 14 25 132 137,808 pensions, the disabilities of age, are animated by a desire to at all 13, 758 15 25 120 1,650,960 times maintain a strong sentiment on the part of the public toward this 315 16 25 108 34,020 increase and further future increases of pensions, and which sentiment 3,180 17 25 96 305,280 might, to some extent, at least, be jeopardized by advancing pension 8,971 20 25 60 538,260 appropriations in a single bill so rapidly as to necessitate a bond issue 182 22 25 36 6,552 to meet its requirements. We believe that the interests of the sol 3,893 24 25 12 46, 716 d iers will be better subserved and that w~ shall in the end accomplish 3144 CONGRESSIONAL RECORD-SENATE .. MARCH 11, more for the comfort of the veterans of the Civil War if we shnll ad Mr. Samuel S. Burdett, past commander in chief of the Grand Army vance step by step, keeping within the Government's income under of the Republic, at the hearing before your Committee on Pensions made economic administration. . this statement: "If nothing else in our favor were ever done rn our , The provision relating to the Mexican War veterans are the same as day, it never could be said, to-day or in any to-morrow, that the people those contained in the House bill. of the United States were ungrateful to those who served them." The majority of your committee supported another amendment which So, therefore, it is not the purpose of either the Sherwood bill or the recognizes the right of pension attorneys to represent their clients in bill reported to establish any new principle. It is not a question of - cases where it was thought proper that a soldier claimant should be principle or of "national gratitude." It is purely a question of more entitled to legal sernce, as indicated in section 3. The amendment is money. A member of the legislative committee of the Grand Army of carefully guarded, so that in no case can anything but a nominal the Republic accurately expressed the " principle" involved in this bill charge be made. We believe that this amendment wlll in many in in the following apt language : stances be beneficial and that in no case can it operate to do an in "Of course I think you will all concede, gentlemen, that No. 13 is n. justice to any veteran. little better holdout than No. 11. Of course I should favor that my The majority of the committee deemed it advisable to further amend self. It was unanimous w~th tlw committee of which I have the honor our general legislation with r eference to publication of names of pen to be a member." sioners on the rolls, as indicated in the foregoing amendment, section 4. If $150 000,000 per annum is· not a sufficient expression of apprecia As amended the committee report the bill favorably and recommend tion, would an additional annual 2ppropriation of 25,000,000 make it that it pass. so? If not, how much would? · Confessedly the only restraining influence ui;ion the committee is the "[Senate Report No. 355, part 2, Sixty-second Congress, second session.} revenues of the Governmen.t and so this bill is proposed upon tbe as sumption that all these large1 professions about the reduction of our SERVICE P~SIO.~. present tariff laws are not meant to be kept. Ur. CGRTIS (for himself, Ur. B1t0WN, Mr. SHIVELY, Mr. POINDEXTER, '!'his bill undertakes to reconcile two irreconcilable elements, viz, and Mr. JoH~SON), from the Committee on Pensions, submitted the fol- age and length of. service. Its incongruities are well illustrated by the lowing views of a minority, to accompany H. R. 1 : . statement of former Congressman Gardner, of :Michigan, as follows : We, the undersigned, being a minority of the Senate Committee on "There were over 600,000, as I recall-I could refer to it specifically Pensions, :present this report after a careful consideration of the va if necessary-that served three months or less-90-day militia. * • • rious pens10n bills or propositions which were presented to the com I say to you what I know to be a fact. While many of these men mittee. fought, and fought well, the great body of them simply went to man We hope each Senator will duly consider the two propositions pend the forts, to release the three-year men that went to the front and did ing before the enate, to wit: House bill 1, better known .as the Sher the shooting. That is a fact, gentlemen. Lots of these men never got wood bill, and the Senate proposition, known as the Smoot substitute, the polish off their shoes. It is no disparagement to them. They did believing if they do they will vute down the substitute and pass the all they were called upon to do. They wore paper collars and ate soft She1-wood bill. bread. It was no fault of theirs. Ohio had how many regiments of · 'l'here are many reasons why we favor the Sherwood bill. In the tbat kind, Col. McElroy, that never lost a man? first place it docs partial justice to a large number of Union soldiers "Mr. McELnoY. Ob, quite a number of them never saw any fighting \Vho served one year and over-, by giving them a dollar-a-day pension, and neve1· heard a cannon. and it will give an increase to a very lar~e number of m~n who se1-ved less than one year, while the substitute will give a dollar a day to only "Mr. GARD · ER. Many of them never fired a gun. I say to you, gen · those soldiern who have arrived at the age of 75 years and who had a tlemen-and I am willing to defend this proposition before any Grand service of three years and over. Army gathering' in the country-that the man who went to war aml Under the Sherwood bill most of the pension examining boards could served only 90 days and received no permanent disability from wounds be done away with and fewer ;pecial examiners would be required. or anything resulting from his service is not entitled to rank with the Under the Sherwood bill, after the new certificates are issued no man who served two, three, or four years at the front." expense "·in be incurred for the issuance of new certificates to those It is refreshing that if the bill must pass as reported, the names of drawino- pensions under it, but under the substitute new certificates the pensioners will be made public. It is to be hoped that an aroused must be issued as the pensioners below 75 years of age advance in public sentiment may hereafter save to the meritorious and the needy years. • pensioners the humiliation of making common cause with the unde erv 'rhe opposition to the Sherwood bill is based upon the ground that lng whose military service was at best nominal. it will carry a large appropriation, but we do not believe it just to If we would take thought of the people who have to pay pensions as the Union soldiers to measure their service in dollars and cents. We well as of those who receive them, if we would limit payment .to those believe they are entitled to liberal pensions, regardless of the size o! who suffered injury because of service in the war and who are there the appropriation. fore entitled to governmental aid, we would remedy the injustices now But, after carefully considering the subject, we. believe the esti perpetrated in the name of patriotism. mates of the Pension Bureau as to the cost of the Sherwood bill are N. P . BRYA!'I too high, because they are based on a report over 20 years old, while 1\fr. ·GALLINGER. 1\fr. President, if the Senator from North the figures given by Mr. Sherwood are based upon data taken from the records of the War Department. Dakota will give me his attention for a moment. I have a very We believe that if the Sherwood bill is enacted into law many of clear recollection that in everal general laws we passed in those whcse pensions will be increased to $30 per month and who are creasing the pensions of soldiers there was a provision to the now inmates of soldiers' homes will return to their own homes and fires!des. effect that no pension attorney, claim agent, or other per on We believe its enactment into law will greatly decrease the requests should be entitled to receive any compensation for services ren for the introduction of private pension bills. While the substitute dered, it being held that it was a· matter that the Pension gives increases to each of tbe pensioners, yet we do not believe such increases are as large and substantial as they should be under all the Bureau could itself attend to, and that there was no need of circumstances. attorneys. I observe that in the so-called Sherwood pension bill W e ask you, in considering this question, to remember the debt this there is a section covering that point, which reads: Nation owes to the Union soldier; to remember that of that grand army of brnve men who offered their lives to preserve the Union it is That no pension attorney, claim agent, or other person shall be en estimated that at least 36,000 will answer the last roll call this year, titled to receive any compensation for services rendered in presenting and to remember, further, that if anything is going to be done for any claim to the Bureau of Pensions, or securing any pension, under them, now is the time to do it. this act. "We recommend the defeat of the substitute reported by a majority of While in the substitute there is a provision that pension at the committee, and ask for the passage of Rouse bill 1, known as the torneys shall be recognized and be paid a certain sum, not a Yery Sherwood bill. All of which is respectfully submitted. large sum in each case, but a very large sum in the aggregate. CHA.TILES CURTIS. I take it for granted that there is some special reason why NORRIS BROWN. BEN.J. F. SHIVELY. the provision in the substitute should be different from that in MILES P OINDEXTER. the original bill, and I ask simply for information as to the CHARLES F. JOHNSON. reason that controls the matter. Why was that change made? [Senate Report No. 355, part 3, SWy-second Congress, second session.] l\fr. l\lcCUl\fBER. l\fr. President, I think I can better ex press that in the single paragraph which is included in my re SEllVICE rENSION. :Mr. BRYA...~ , from the Committee on Pensions, submitted the following port, which reads: views to accompany H. R. 1. The majority of your committee supported another amendment which This bill enjoys tb.e unusual distinction of not having the support of recounizes the right of pension attorneys to represent their clients in a majority of the committee which reports it. . . case; where it was thought proper that a soldier claimant should be en Of the 14 Members comprising tbe committee 5 have signed a minority titled to legal service, as indicated in section 3. The amendment is report because they p1·efer the House bill, and the Senator from Okla carefully guarded so that in no case can anything but a nominal charge homa,' Mr. GoRE, and myself are recorded a.s be_ing opposed to both the be made. We believe that this amendment will in many in tances be bill reported by the committee and the House bill. beneficial, and that in no case can it operate to do an injustice to any The House bill recognizes .service only. The bill reported by the com veteran. mittee combines age with length of service. The majority report complains that a service P.ensi_on " sma~ks too Mr. GALLINGER. Mr. President, the difficulty about that much of tbe idea of hire." In the views of the mrnority, favormg the is that immediately upon the pa age of this bill every e:s:: Sherwood bill the idea of measuring military service by money is con demned. Yet 'that is exactly the thing both bills, when analyzed, under soldier who is entitled to recognition under this law will re take to do. ceive a letter from 1 or 20 pension attorneys calling atten 'rhe cenh·al idea running through the hearings and through both re- tion to the fact that their services are indispen able, and ports is that we are engaged in pari!lg a debt. . . the soldiers will make contracts with those men. They will be If we owe the soldiers of the Civil War a debt that can be p:ud rn money, then the theory of the Sherwood bill is correct. . anxious to get the increased allowance and thousands and tens If mere enlistment for 90 days, regardless of actual service, to be of thousands and hundreds of thousands of dollars will be paid more highly rewarded by " national gratitude" if the soldier enlist~d by these poor soldiers to the pension attorneys who are watch at the a ge of 25 inste::id of at 20, ought to be the test, then the bill report ed 'may be conceded to be correct in principle. . . . ing for every possible opportunity to get a fee in these ca es. Both of these ideas have a lready found expression rn our pens1?n I will ask the Senator if, in his judgment, the Pen ion Bureau legi lation-sin~ly and in combination. It can not trut~ully be said, can not adjust these claims. It is a mere question of increas measured by either or both of these standards, that this Government has failed in \ts obligation. ing a pension in almost every instance. A man gets $12 now, 1912. CONGRESSIONAL RECORD-SEN.ATE. 3145 and he will get $13 or $14 under this bill. Is it necessary for Mr. McOUl\IBER. I might explain the other ma'tter about a pension attorney to take up that case and prosecute the claim? which the Senator asked. He asked if the other section is not Mr. l\IcCUMBER. In ninety-nine cases out of a hundred I still the law. I will say no; we amend the entire law of 1907 would say no. it would not be necessary; but there are many cases so that it shall read as follows. where a question may come up as to the identity of the soldier, Mr. ROOT. By the new bill? as to his service, and other matters where he might need legal Mr. McCUl\IBER. By the new bill. assistance, and the fee is so small, a couple of dollars, that the Mr. ROOT. But up to this time it has been the law. majority of the committee felt that there could be no outrage, l\Ir. McCUMBER. Oh, yes. at least, perpetrated upon the soldier, and that in many in l\Ir. ROOT. Then, I will complete my inquiry by asking stances he would get his work done more quickly. He would, whether, in the comparatively small number of exceptional in many instances, be compelled to take an appeal possibly from cases in which an applicant for a pension needs advice and the Commissioner of Pensions to the Secretary of the Interior, assistance, it would not be better for us to have an officer con and in cases of that kind he might need the service of an nected with the Pension Bure!lu whose duty it shall be to give attorney. . the necessary advice to these men. I do not believe in turning l\Ir. GALLINGER. _The appeal is a perfunctory matter, is loose a horde of hungry lawyers and pension agents upon these it not? old pensioners. I am not much in favor of increasing our pen Mr. 1\fcCUMBER. It may be, but there are many thousands sion law, but I think what we are going to do we ought to do in of soidiers who ·would not know how to go to work to take an such a way as to make the money that is paid out of the Treas appeal even in a perfunctory way. ury go to the utmost for the benefit of the men we intend to l\Ir. GALLINGER. Then the Senator speaks of a fee of $2. have it go to. It seems to me that we should seek to do this for What about a $5 fee? them without requiring them to employ lawyers at all. _ l\Ir. :UcCUABER. I think it is only $2, if I remember cor Mr. GALLINGER. Mr. President, I desire at this time to say rectly, when it is a small increase of pension, and there are not that I will move to strike out section 3 of the bill at the proper many of.J:he $5 cases. time, and insert instead thereof section 6 of the bill as it came l\fr. GALLINGER. The Senator speaks about cases arising from the House of Representatives, which denies to pension where it is necessary to identify these people and all that. Is attorneys any compensation for services they may render. it not a fact that they are all on the pension roll now? Their Mr. SMOOT. Mr. President, I was heartily in favor of the status has been established. I remember this was fought out provision of the House bill, as contained in the general act of here several years ago on another bill which I happened to have 1907, but Gen. Michener, deeply interested in the old soldiers' charge of. It seems to me it is an automatic matter, and if the behalf, appeared before the committee. Commissioner of Pensions finds that a soldier is receiving $15 a month and under this bill he is to receive $16, the increase is Mr. BRISTOW. I wish to ask if Gen. Michener is not a made on the books of the Pension Bureau. I may be* wrong pension attorney who would very largely profit by this very about it, but that is the way it strikes me. provision. 1\fr. McCUl\IBER. We have some testimony on the subject Mr. SMOOT. I know he is an attorney. I do not know how that was given before the committee and was taken down. much he would profit by the provision. When we reach that part of the amendment I will present the Mr. BRISTOW. He is a pension attorney who bas made testimony upon that proposition. more money out of the old soldiers than probably any other l\Ir. GALLINGER. The entire amendment is now before us. pension attorney. l\Ir. POMERENE. Mr. President-- Mr. SMOOT. I do not know as to that. The PRESIDENT pro tempore. Does the Senator from North · l\Ir. M:ARTINE of New Jersey. l\Ir. Preside:nt-- Dakota yield to the Senator from Ohio? 'l'he PRESIDENT pro tempore. Does the Senator from Utah - l\Ir. McCUl\IBER. I yield. yield to the Senator from New Jersey? l\fr. POMERENE. I was going to address myself to the Sena Mr. SMOOT. I want to say, however, that at the time he tor from New Hampshire, to ask him whether he knows what appeared before the committee he made the statement that he is the view of the Pension Department on this subject of allow is not now practicing law as a pension attorney. ing attorneys' fees. The PRESIDENT pro tempore. Does the Senator from Utah l\fr. GALLINGER. I simply remember, Mr. President, that on yield to the Senator from New Jersey? a former occasion I did consult the Commissioner of Pensions l\Ir. SMOO'l'. In just a moment I will be through, and then it was several years ago-and he informed me that there was n 0 I will yield the floor. need whatever of a pension attorney in a bill of that kind, Mr. MARTINE of New Jersey. Proceed. that the bureau would take care of it. It may be different in l\Ir. SMOOT. I will yield if the Senator wishes to ask a this bill; I do not know. But I can not see that there is any question. difference or any need of such employment in these cases. l\Ir. MAUTINE of New Jersey. No; I have no qneE tion to . · l\Ir. ROOT. Mr. President, I should like to ask a question of ask. I thought the Senator had finished. the Senator from North Dakota, the chairman of the com Mr. SMOOT. It was on the appeal that was made l:y Gen. mittee. Is not the third- section of the act of February 6, 1907, Michener that I decided not to oppose the provision. He stated the service-pension act, still in force? That section provides: to the committee why this provision was necessary for the That no pension attorney, claim agent, or other person shall be protection of the soldier. I believe it was approved by almost a entitled to receive any compensation for services rendered in presenting any claim to the Bureau of Pensions or securing any pensions under this unanimous vote of the committee-- act. Mr. CURTIS. Mr. President-- Have any abuses developed under it .which make it desirable Mr. SMOOT. That it was necessary to have legal advice in to change the judgment which Congress reached at the time certain cases such as stated by the chairman. that act was passed? The PRESIDENT pro tempo:r:e. Does the Senator from Utah Mr. McCUMBER. There are a great many cases in which yield to the Senator from Kansas? soldiers were compelled to have investigations, and have an Mr. Sl\IOOT. I yield. . appea1, and have explanations made to them. The department Mr. CURTIS. I hope the Senator from Utah will not say might not be quite as careful of their interest in getting a that the vote on that question was unanimous or nearly unani decision quickly upon any controverted question, and it might mous. We have no right, as I understand it, to speak about not be as desirous of giving the soldier all of the detailed in what the vote was in the committee, but such a statement formation that he might want in a given case that his- own makes it necessary for each one of us to say that we did not attorney might suggest to him. or did vote for it. I want to say for one that I Yoted against I have stated that in ninety-nine cases probably out of a the proposition. I think it is wrong to provide for attorneys' hundred there would never be any occasion for an attorney at fees in these cases. all, but undoubtedly there will be occasion fQr an attorney Mr. S~IOOT. Mr. President, I did not say that it was unani once in awhile, and it was simpJy provided that if the' claimant mous. I said nearly so. That is the word I used. himself desires an attorney to appear before the department . Mr. WORKS. Mr. President-- to present his case for the nominal fee of $2 he shall have that The PRESIDENT pro tempore. Does the Senator from Utah· right and the commissioner shall recognize him. yield to the Senator from California? I haYe not gone into any lengthy discussion of it because, like Mr. SMOOT. · Yes. all the other ' matters, it was a question in which the com Mr. WORKS. I want to say that some time ago I proposed mittee itself had diverse views. an amendment to the bill by way · of a substitute. I am not Mr. GALLINGER. Mr. President-- going to press it on the Senate now, but one section in it ap Mr. ROOT. I nlerely wish to ask another question. plies to this very question. I should like to call the attention XLVIII--rns 3146 .CONGRESSIONAL RECORD-SENATR MARoH 11, par·ticularly of the Senator from North Dakota to it. It was entirely different subject, and would he not let the vote first intended to meet this situation. It provides: be taken upon the motion I have made? EC. 8. That all pensioners now receiving pensions for service in the Mr. WILLIAMS. Very well. Then I give notice that I shall Civil War under an act entitled "An act granting pensions to certain offer the ~mendment which I have stated after the amendment enlisted men, soldiers and officers, who s rved in the Clvil War and Wa r with Mexico," approved February 6, 1907 shall be entitled to pen which the Senator from New Hampshire refers to is voted upon. sions under this act without further application or examination, and Mr. GALLINGER. That is better, I feel sure. the Commissioner of Pensions is directed to list such pensioners for . Mr. WILLIAl\IS. Mr. President, I want to ask the Senator pensions under this act upon its taking effect, and thereafter no pen sions to persons erving in the Civil War shall be granted or paid under from .North Dakota [Mr. McCuunrn] a question, if I may be said act approved Februru:y G, 1907 ; and all pensioners ·now receiving permitted to do so. It seems to me--I may be wrona about it pensions for such service, under special or private acts not in excess of that this bill, as compared with the bill for which it is a-substi the amount to which they would be entitled under this act, shall also tute, discriminates in favor of the 90-day men and against the ~~ll~~~~r~is~e Commissioner of Pensions and paid under this ·act, and long-service men, and it seems to do it simply upon the ground of One of the objects and purposes was to relieve the old soldier age. Now, I notice in case such a per on has reac:ijeu the age of the necessity of employing an attorney in .making simply this of ~2 years and has served 90 days he receives $13 per month, transfer from one list to another. while if the person has reached that age and has served 3 years Mr. McCUUBEil. If the Senator from Utah will allow me to or over he receives only $16 per month. But the ui crimination just briefly an wer the Senator from California, I will say that is wor e when you come to men who are 70 year of a"'e. If pro\ision in the bill would compel a soldier who is apon the they served only 90 days, they receive 18 per month rmder the present pension roll to take a higher pension whether he wanted bill, whereas the men who serv d 3 years or O"Ver if they hap it or not. pen to be only 62 years of age, .recei>e $16 per month. l\fr. WORKS. That might be avoided. I will not insist upon Now, I submit to the Senator in chn~·ge of the bill that the that. degree of pensionableness is not olely the que tion of age. A 1\lr. llcCUl\IBER. And for that reason we eliminated that ma~ of 70 .may be in good health and perfectly self-keeping, provision in 1907, leaving it discretionary with the soldier as to while a man of GO may not be; and the 00-day men under this whether l!.e would seek this additional pension if he is entitled bill, if they are 70 years of age, will receive $2 more than :i to receive it. ·Another reason was that it sometimes requires veteran who served during the whole war-3 year or over. months before the department can be apprised of the death of a Does the Senator think that is a just di crimination? soldier and, therefore, they would be misled in making this Mr. MoCUMBER. If the Senator wants an answer right chanue and in making an additional change while the. soldier away I will say that he will find that there a.re Yery few 62- might be dead. Complications then might arise in the settle year-o1d men who ~erved only for !)0 days-so yery few that ment with the widow or the person entitled to the additional probably all of them within a year will be entirely eliminated sum, as to what amount should be received. Inasmuch as every from consideration. · soldier, I think, will know that he may apply and receive an l\Ir. 'WILLIA.US. But there are E:till fewer men, are the~e additional sum under the present bill, undoubtedly it is safe to not, 62 years of age who seryed three years or over? lea>e the matter with him. Mr. 1\IcCUMBER. Ob, no; there are a grent many more 62- I thank the Senator from Utah for yielding to me. . year-old men who served for a greater period than that short .I' r. WORKS. I only suggest at the present time that some length of time. By the report we had before us it appeared that thing should be done, in my judgment, to prevent raids upon there were only 9,1373 G2-year-old men who sened {)0 cL.'lvs. the<;!e old soldiers by the pension sharks. When you get up to G months' service you find 23,000 of theill; Mr. S.;\100T. Mr. President, I am in full sympathy with the at 1 yea.r's service you get 19,000. additional; at 1! years' serv la. t statement made by the Sena.tor from California [Mr. ice you get 12,764 additional; at 2! years you get 17, 92 addi Wo&KS]. The only reason that the provision was reported by tional; and at 3 years and oTer you get 27,921. the committee was to take care of the old soldier and protect l\ir. WILLIAMS. Yes; I see all that; but the question I want his interests; and so far as I am _personally concerned, I have to ask the Senator is : Does he think it just thut a man who no Mr. McCUMBER. In the next subdivision they range from Mr. SMITH of Michigan. Those figures, l\Ir. President, are 62 up to 66 years. ~umulative and relate to different periods, but the classification Mr. LODGE. The question the Senator from Mississippi [Mr. is accurate. , ,WILLIA.Ms] asked was about the men 62 years of age, and the Mr. OVER?i-IAN. I w~s going to Eay that according to those reply was that 27,921 had entered the Army and served three figures there must have been about 3,000,000 men in the Union years; that is, had entered the Army when they were 11 or 12 Army. • years old. That seemed to me one of the most amazing ·state Mr. SMITH of l\Iichigan. No. I have no doubt there were ments that I had ever heard. ti.mes when it seemed as though we had that many, but we · Mr. l\IcCUMBER. I suppose that the Senator who asks the did not. I dare say the soldiers of the Southern army were as question of course recognizes the division between the 62-year young as those in the northern ·army and equally as dauntless. old men and the next division of 66 and the other division of 70. Mr.. OVERMAN. I am not talking about the ages, but I was Mr. LODGE. I do. surprised at the number of men who were in the Union Army Mr. McCUMBER. I mean the Senator from Mississippi [Mr. according to the Senator's figures. WILLIA.Ms]. Therefore, in answering him I answered him as Mr. SMITH of Michigan. The Senator from North Carolina suming that he had all of that class in mind-from 62 to 66 need not be surprised; the record is made up and is imperish years of age. able; these figures are cumulative and the age classification is .Mr. WILLI.A.MS. If the figures of the Senator from Massa correct. For instance, the figures giren for boys of 18 vears and chusetts are correct, and if these p~ople who are 62 would have under include the boys 16 years of age, and the figures· given for had to enter the A..rmy at 12 years of age, then the people who young men 21 years of age include those both of 18 and 16. are 66 would have had to enter it under 16, would they not? Mr. LODGE. Why, Mr. President, I thoug]}t those figures Mr. LODGE. Yes; 16 years. ' showed the number who entered the A.rmy at a given age. . l\Ir. SMITH of Michigan. Mr. President-- Mr. McCU:MBER. Ob, no; Mr. President, they have nothing Mr. McCUMBER. Just a moment. I said to the Senator to do with the age at entering the Army; they show the number from Mississippi, and I am now stating it for the benefit of the now living of a given age who ser>ed a certain length of time. Se"!lator from Massachusetts, tha~ the number who were 62 Mr. LODGE. I understood the figures of the Senator from years of age and served 90 days was 9,573. Michigan represented the number who enlisted in the Army at l\Ir. LODGE. I am taking the 3-year list men 62 years of 14, 16, 18, 21, and 22 years of age; but I did not understand that age. The way it is printed here, of those between 62 and 63 the figures given of those who entered at 22 covered all who had years, there were 27,921. If they are only 62 now, they were entered at an earlier age. in 1861 not far from 11 years old, and I can not believe- Mr. WILLIAMS. If they were 60, they were not far from a Mr. Sl\fITH of Michigan. No; l\Ir. President, the Senator little over 15 years old. from Massachusetts is correct; the figures given do not include Mr. LODGE. That is surprising, and it does seem that they those who enlisted at 22 or o>er. I was showing the total un entered very young. der 22, classified at 14 years of age, 16, 18, and 21 years. Mr. SMITH of Michigan. Will the Senator from Massachu- Mr. LODGE. The Senator stated they were cumulative. setts yield to me? • Mr. Sl\IITH of Michigan. The figures are cumulative, but The PRESIDE:r-."'T pro tempore. Does the Senator from 1\fas there were 846,000 boys in the Union Army 16 years old and saclrnsetts yield to the Senator from Michigan? under, and 2,000 boys under 14 years of age. Mr. LODGE. I do. l\fr. NELSON. Mr. President-- Mr. SMITH of Michigan. If the Senator from Massachusetts The PRESIDENT pro tempore. Does the Senator · fro~ North will permit me, I will read some interesting data regarding the Dakota yield to the Senator from Minnesota? ages of the young men who made up the Union Army. I think Mr. l\IcCUMBER. I do. it will be yery interesting right at this point. ·There were Mr. NELSON. I simply rose to say that the argument is so 846,000 boys. in the Union Army 16 years of age and under. confusing that I hardly know how old I was when I went into Mr. LODGEJ. When? the Army. [Laughter.] Mr. SMITH of Michigan. Altogether. Mr. McCUMBER. Possibly I can give the Senator some light . Mr. LODGE. But at what time? as to how old he was when he entered the Army. Strange as · Mr. SMITH of Michigan. Altogether in the Union Army. these figures may seem to the Senator from Massachusetts [Mr. Mr. LODGE. At what period were they 16-wben they en LODGE], if he will take the report of the cases of those who ap tered, or when they came out, or during their service? plied for pension or increase of pension under the act of 1907 Mr. SMITH of Michigan. When they entered, of course. he will find that at that time, five years ago now, there were of r Mr. LODGE. When they entered, precisely. those 62 years of age who were granted pensions under that Mr. SMITH of Michigan. There were over 2,000 boys under law 104,857. There are now of those G2 years of age who served 14 yea.rs of age in the Army; there were 1,151,000 boys 18 years for three years and·over 27,921. The exact number is giYen of of age and under; and 2159,778 boys at the age of 21 and under, those who served 90 clays, six months, and from six months up who put down the rebellion in the bloodiest contest ever waged to a year, and so forth. in tb"e history of the world. Mr. LODGE. l\fr. President, if the Senator will allow me, I 1\Ir. LODGE. Precisely. ha Ye had opportunity to examine the figures of the Senator from ~ Mr. SMITH of Michigan. One moment. I will say further Michigan, and, as he has stated, they are cumulafrve; but what there were 618,511 young men who were 22 years of age and confused me was that after giving the total number for 21 ye:irs over in the Union Army, and most of the officers were under 25 and under they then added the number 2~ years and over and years of age. Fifty thousand of these boys were killed in battle, did not make them cumulati>e. HoweTer, as the figures for the 40.000 of them died of wounds, 225,000 died from disease, and age of 21 and under are cumulative-that .is, coyer all before 280,000 boys were wounded in battle. that time-they harmonize entirely with my statement, \\hich Mr. LODGE. Those figures, Mr. President, if the Senator was to the effect that now there can not be practically auy sol will allow me, sustain precisely the position I was taking. diers of 62 who served in the Union Army. Mr. S~II'rH of Michigan. That is the reason I offered them. Mr. McCUl\IBER. l\lr. President, there are some Senators l\Ir. LODGE. I am glad the Senator offered them, if that who desire an executive session this evening. I will, of course, was his reason. They show that 2,000 boys entered the UnioD move to take this matter up again as the unfinished business to Army at the age of 14. morrow-- l\fr. SMITH of Michigan. Exactly. Mr. ·GALLINGER. l\fr. President-- Mr. LODGE. Bnt according to the figures which have been 1\:Ir. l\1ARTINE of New Jersey. Before that motion is put- cited by the Senator from North Dakota, we are left to sup The PRESIDEXT pro tempore. Does the Senator from Xorth pose that 27,000 might have entered at 11 or 12, and I fit.1.d no Dakota yield to the Senator from New Jersey? record of so many having enlisted as young as that. l\fr. McCUl\IBER. Certainly. Mr. SMITII of Michigan. I noticed that the Senator from 1\lr. MARTINE of New Jersey. l\lr. President, that which I Massachu etts was not making much headway with his state have to say may not be interesting, but at least it defines my ment, and I thought that I could verify his contention. The figures position on this question. I ha·rn giYen bear out that statement and are most striking, as I beg to say that my kin were on the other side, the side that they illustrate the extreme youth of those who composed the wore the gray. They lie to-day beneath the southern sun. 'l'he Army for the Union, and I dare say are a correct index to the little property that they had accumulated before that strife was extreme youth of the young men and boys who made up the swt!pt away as dew before the rising sun. There was a time in heroic and gallant defenders of the Confederate cause. my life when nothing on earth would ha>e induced me to voice l\fr. OVERMAN. l\lr. President, I inquire what is the sum the words to which I now gi>e utterance. At the close of that total of the number of men in the Union Army according to the horrid strife .my heart was filled with bitterness, with hate- figures given by the Senator from Michigan? yes, with >engeance; but, thank God, I ha>e liYed since then, 3148 CONGRESSIONAL RECORD-ROUSE~ MARoH 11, I ha-re- grown bigger, broader, more catholic, and, I· trust, more REMARKS OF HON. THERON AKIN. Ohristian. My heart, then. filled with hatred and vengeance; Mr. .AKIN of New York. Mr. Speaker, on Saturday, March 9, thank God, now full of charity, love, sympathy, and human there waa a_resolution (No. 443) passed in the: House asking that ity. I see things to-day through a different lens than. I then a committee tle· appointed to investigate: certain remarks· that I ~aw them, and, thank Heaven, I am brave enough to confess had. made in. a. S!leech: printed in the RECORD of March 7, in that change. which speel!h it. is· c:laimed that I have: transg1·essed the rules Ur. President, I insist if there was ever a justification for a and offended the· dignity ot the Members of the House. pension, that justification is· twofold. \Yhen they went into· the I wish to make request, by unanimous consent, that this Army the soldiers were young and generally in good health, but speech, which appears in the CONGRESSIONAL RECORD of March to-day they are decrepit, old, and infirm, and, further than that, 7, be eliminated entirely fi•om• the CONGRESSIONAL RECORD. every man's dollar to-day has been cut in two. .After talking- with some of my friends on the floor of the House, I presume in common with other Senators- I have received I wish to say that it seems that I have transgressed the rules • many letters on this much-mooted question of the pension laws~ Those letters bring to me different tales and different thoughts. of the House, I cfo not wish to transgress the rules or offend tlie dignity of this- House by making remarks such as should Some bring to me tidings that should_ I -rote for this measure not properly be made in debate. [.Applause.]" it will be my political death. Sad, indeed! I trust Senators. may press back their tenrs. I have heard from time to time for The SPEAKER. Without objection, the remarks of· the gentleman will be withdrawn from the RECORD. [After a· pm..ise.] 40 years of my political life that this step or that step would The Ch..'l.ir· hears none, and it is so ordered. be my politjcal death and doom; but I am still worshipping at I the same shrine, pleading and preaching the same gospel. Mr. FOSTER of Illinoi . .Mr. Speaker, ask unanimous con From some letters I learn that the country can illy stand. this sent that the order appointing a committee to investigate the matter referred to by the gentleman from New York [Mr. drain upon its purse. I received such a letter from one who A.KIN], be vacated. has been a beneficiary of the protective tariff system, the most horrid, outrageous, unjust, and iniquitous system of taxation The· SPEAKER The gentleman from Illinois asks unani that ever disgraced the statute books of any country. He says mous consent that the proceedings looking toward the appoint that the country can ill stand the drain on its Treasury that ment of a committee to inve tigate the matter referred to be this bill will cause, and yet for 25· years he has been pressing vacated. Is there objection? [After a pause.] '.rhe Ohair hears into his coffers the results of that unjust, outrageous system. of none, and it is· so ordered. taxation. PHOSPHOROUS- MATCHES. I have letters from another class-one from an old man, who l\Ir. HUGHEJS of New Jersey, by direction of the Committee writes: "I am 73 yea.rs old. I can no longer work and can on Ways. and Means, reported a bill (-H. It. 20842) to provide for scarcely walk: I served three and a half years in the war. I a tax on white phosphorous matches, and for other purposes, am told," says he, " tha.t I may go to the soldiers' home, but which was re.ad a first and second· time, and, with the accom when I ask what is to become of Betsy, they· say naught; but panying report (No. 406), ordered to be printed and referred to point over the hills to the poorhouse." the Committee of the Whole House on the state of the Union . . Other letters also tell me that our Treasury can not withstand Mr. HUGHES of New Jersey. Mr: Speaker, I ask unanimous this drain. How, they ask, would I replenish it? I answer r consent that there be· printed 500 additional copies of the r eport would invoke an income tax; I would multi-ply the. tariff. on on this bill. diamoncjs and foreign wines, and if further incnme be de The SPEAKER. The gentleman from New Jersey a ks unani manded'.' I would place a tax on tobacco and whisky, that would mous consent that there be printed 500 additional copies of the not be felt by the masses of the people at large, but would yield report on the bill' IL R. 20 42. Is there objection? [After a to this country all the revenue that would be required. paase. l 'l?he Chair hears none, and it is so ordered. In God's own time-in the nature of things it can not be but FREE SHIP- BILL. a few years-the old soldiers will go to- The undisco•er'd country from whose bourn Mr. .ALEX.ANDER. 1\fr. Speaker, this morning I filed a re No traveler returns. port on the bill H. R. 16692, known as the free ship bill. I ask Senators, I urge you to vote for this measm·e, and I believe unanimous consent that the minority members of the Committee as I live that a just God and a generous people will bless and on the Merchant Marine and Fisheries have seven days within advance our country's welfare. whieli to file their views. The SPEJAKER. The gentleman n·om l\1issouri asks unani EXECUTIVE SESSION. mous consent that the minority members of the Committee on 1\fr. McCUMBER. I move that the Senate proceed· to the the Merchant i\farine. nnd. Fisheries be grn.n.ted seven le(Tislative consideration of executive business. days in which to file their -riews on the bill H. R. 16G!:>2, the free The motion was agreed to, and the Senate proceeded to the ship bill. Is there objection.? [After a pause.] The Chair con ideration of execntiye business. After 1 hour and 30 min hears none, and it is so ordered (H. Rept. 405, pt. 2). utes spent in executive session the doors were reopened, and CONTINGENT EXPENSES OF THE SEN TE. (at 6 o'clock and 30 minutes p. m.) the Senate adjourned until ... to-morrow, Tuesday, 1\farch 12, 1912, at 2 o'clock. p. m. .Mr. FITZGERALD. .Mr. Speaker, by direction of the Com mittee on .Appropriations, I report Senate joint re olution 83, malting appropriations to meet contingent expenses of tbe en HOUSE OF REPRESENTATIVES. ate, and I ask unanimous consent for the present consideration of the resolution· in the House as-in Committee of the Whole. MONDAY, M aTch 11, 191!J. The SPEAKER. The gentleman from New York pre ents a privileged report on Senate joint resolution 83, and asks unani The House met at 12 o clock m. mous consent for the present consideration of the Senate joint The Chaplain, Rev. Henry N. Couden, D. D., offered the fol resolution in the House- as- in Committee of the Whole. Is there lowing prayer : objection? Eternal God, our heavenly Father, inspire us with longing There was no objection. eye~ , bra-re hearts, and dauntless courage to press toward the The SPEAKER. The ·Clerk will report the resolution. mark for the prize of the high calling of God in Christ Jesus. The Clerk read as follows: Wealth, fame, power, honestly attained and wisely ministered Senate joint resolution (S. J. Res. 83, H. Rept. 407) making appro· to the good of mankind, are prizes to be sought, but a God-like priations to meet certairu contingent expenses of the Senate. character outshines them all. The former things pass away; Resolved-, eto., That the followin~ sums be appropriated, out of any moneys in the Treasury not otherwise appropriated, for the contln,...ent the latter is eternal. expenses of the Senate of the United States: " The stars shine over the earth, For folding speeches and pamphlets, at a rate not exceeding 1 per thousand $4,000 ; The stars shine over the sea ; 1 For mrncellaneous items, exclusive of labor, 40~000; The stars look up to the mighty God, For expenses of inquiries and investigations oraered by the Senate, The stars look down on me. including compensation to stenographers to committees, at such rates as may be fixed by the Committee to Audit and Control the Contingent The stars ha..ve U-ved a million years, Expenses- of the Senate, but not exceeding 1.25 pel' printed page, A million yea.rs and_ a day ; $2!),000. But God and I shall love and live The SPEAKER. The question is on the third reading of the When the stars have passed away~" Senate joint resolution. So inspire us, so lead us to the coyeted goal, in the spirit of The Senate joint resolution was ordered to be read a third the Lord Jesus Christ. Amen. time, was read the third time, and passed. The Journal of the proceedings- of Saturday, M~rch 9, 1912, On motion of Mr. FITZGERALD, a motion to reconsider the vote was read and approved. by which the resolution ":as passed was la.id on. the table. 1912.: CONGRESSIONAL RECORD-HOUSE.. INCOME TAX. f'ull as we were hurrying through Saturday evening, they wiiI The SPEAKER laid before the House the following communi see that this matter is important, that it is specific, as I said, cation from the governor of the State of Nevada, which, with and that conditions arose last year in administering the sales the accompanying papers, was ordered to be printed in the of forest timber that necessitated just such legislation as we seek here to perfect. RECORD: STATE OF NEVADA, EXECUTIVE DEPARTMENT, :M.r. HOWARD. May I ask the gentleman from Virginia [Mr. Carson City, MaTCh 5, 191B. LAMB] a question? To the hone>rable the Speaker of the Hotise of Representati,,;es-, Wash. Mr. LAMB. Certainly. ington, D. O. Mr. HOWARD. Was that amendment yon introduced on Sm : I herewith transmit certiiied cop'y of assembly joint and con current resolution ratifying the sixteenth amendment to the Constitu Saturday and that you called up a committee amendment or tion of the United States of America. (Approved Feb. 8, 1911.) was that an amendment of the gentleman from Virginia on his Respectfully, yours, own initiative? TASKER L. 0DD1.E~ Go-vernor. 1\lr. LAMB. It was my amendment, suggested by conversa Assembly joint and concurrent resolution ratifying the sixteenth amend ment to the Constitution of the United States oi. .America. (Approved ti<>n with the Forester and recommended by the Secretary of Feb. 8, 1911.) .Agriculture. Whereas both Houses of the Sixty-first Congress of the United States of Mr. HOWARD. I mean, did the Committee on Agriculture America at its first session, by a constitutic>n!U majority of two-thirds consider your amendment before it was introduced? thereof, made the following proposition to amend the Constitution of the United States of America in the following words, to wit : Mr. LAMB. The committee did not have any opportunity to A joint resolution proposing an amendment to the Constitution of the consider it, because the question did not arise when the com United States. mittee was hanng its hearings and making up the bill. Resolved. by the Senate and House of Representatives of the United Mr. HOWARD. As I understand, the necessity for this arose States of America in Congress assembled. (two-thirds of each House eon last fall, and I notice the letters to the Secretary are dated curring tlle1·ein), That the following article is proposed as an amend ment to the Constitution of the United States which, when ratified by January 18 of this year. Therefore the committee was in the legislatures of three-fourths of "the several States, shall be valid tQ possession of the facts from the Department of Agriculture at all intents and purposes as a part of the Constitution. namely: . the time you considered this appropriation . .A.RT. XVI. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among Mr. LAMB. They were not. It was impossible. the se;eral States and without regard to any census or enumeration. ~Ir. HAWLEY. Will the gentleman from Virginia allow me? Therefore be it In reply to the question of the gentleman from Georgia [.M:r. Resoh:ea by the assembly of tlte State of N6'1;ada (the senate concur ring), That the said proposed amendment to the Constitution of the How.A.RI>], if the chairman will permit, I will say that I have United States of America be, and the same is hereby, ratified by the just had a conference with the Forest Service, and they could · Legislature of the State of Nevada. not present this matter until the decision was rendered by the That certified copies of this preamble and joint and concurrent reso lution be forwarded by the governor of this State to the President of comptroller's office relatiye to the power of the Secretary to the United States, Secretary of State of the United States to the Pre modify a contract by which a hardship was supposed to have siding Officer of the United States Senate, and to the Speaker ot the been worked upon the contractor. The decision has recently United States House of Representatives. been rendered by the comptroller's office that the Secretary of STATE OF NEVADA, Department of state, ss: I, George Brodigan, the duly elected, qualiiied, and acting secretary Agriculture was without power to modify the contract and that of state of the State of Nevada. do hereby certify that the :foregoing is decision was not made until recently and therefore it was a true, full, and correct copy of the original copy of assembly joint and made after the committee reported the bill. concurrent resolution ratifying the sixteenth amendillent to the Consti tution of the United States of America (approved Feb. 8, 1911), now on l\lr. HOWARD. I think there is no more right in equity or file and of record in this office. in law to abrogate that sort of a contract than there would be In witness whereof I have hereunto set my hand and affixed the great between two individuals, and I think the comptroller's decision seal of State, at my office in Cru:son City, Nevada, this 5th day of March, A. D. 1912. was eminently correct (SEAL.] GEORGE BRODIGAN. Mr. FITZGERALD. Mr. Chairman, I wish to call the atten Secretary of State. tion of the gentleman from Virginia to the fact that the amend By GEO. w. COWING, Deputy. ment which he now proposes is much more comprehensive than AGRICULTUBE APPROPBIA'l'ION BILL. the one he proposed on Saturday. l\Ir. LAMB. Mr. Speaker, I move that the House resolve Under the amendment proposed originally, upon the applica itself into Committee of the Whole House on the state of the tion of the purchaser, whenever the purchaser shall show to Union for the further consideration ot ·the bill H. R. 18960, the the satisfaction of the Secretary that, owing to conditions be Agriculture appropriation bill. yond the purchaser's control and arising subsequent to the exe The motion was agreed to. cution of the contract, the enforcement thereof will work Accordingly the House resolved itself into Committee of the serious hardship or injustice to the purchn.ser, the Secretary Whole House on the state of the Union for the further con could modify, cancel, or alter the contract In. this proposed sideration of the bill H. R. 18960, with l\fr. BORLAND in the chair. amendment the_ department is not required to have the pur Mr. LA.MB. Mr. Chairman, when the committee rose Satur chaser show to its satisfaction that because of conditions day evening an amendment that I offered was under considera arising subsequent to the execution of the. contract a hardship tion. I have carefully gone over that, and in order to meet would be worked, but under the provisions of the pending the objections raised by some gentlemen, and to pass an amend amendment the department could increa.se the amount of tim ment that would reach, we think> the results which the com ber which might be taken under a contract at the price fixed mittee had in view at that time, I ask unanimous. consent to therein. Without reflection upon the department or the offi withdraw. that amendment and offer the one which I send to the cials, I do not beliffrn it is either wise or necessary to give the Clerk's desk. department a. power that would subject it to pressure that The CHAIRMAN. The gentleman from Virginia. [lli. LAMB] might result in conditions which would operate -very injuriously asks unanimous consent to withdraw the amendment which he to the public service.. offered on Saturday and offers a substitute for the same, which Mr. MANN. Mr. Chairman, will the gentleman yield for a the Clerk will report. question?. · The Clerk read as follows: Mr. FITZGERALD. Yes. t.nsert as a new paragraph between lines 10 and 11, page 47 : Mr. MANN. Would this amendment which is now offered do Any contract or agreement heretofore or he.reaiter made fo1· the sale any more than give to the Secretary of Agriculture power to of timber or other forest products of the national forests may be modified by the Secretary of Agriculture as to the amount of such make a change in the specifications after the contract is entered timber or other forest products that shall be cut or i·emoved, and as to into, where he would have the power if he did that before the the time for the cutting or removal of such timber or other forest contract was entered into? For instance, the Secretai-y makes products: Providea, That the United States shall in all sueh eases be fully reimpursed for any expenses or damages incurred in connection a contract for the cutting of so much timber, and afterwards with said contract: Provided f1,rther, That in no case shall the stump_ concludes that there ought to be a smaller quantity cut. Of age price stipulated in the contract or agreement be reduced by such course, in the first place, he would have authority to make a modiiication or alteration: A.nd providea alsf!.J That nothing herein shall be construed to limit the authority of the o::secretary of Agriculture to contract for a smalle.r quantity if there seemed to be occasion modify, alter, or cancel any such contract or- agreement. for violation for it I think myself that he would have the authority in the of its terms." contract as to subsequent contracts if he would so insert it in -...\ Mr. FITZGERA.LD. Mr. Chairman, I reserve a point of the specifications-authority retained in him to proyide for the order on that. la1..Tig of a lesser amount than is mentioned in the contract. Mr. LAMB. Mr. Chairman, I think if the members of' the That is a common provision in contracts that the Gov-ernment committee will examine this substitute carefully they will see enters int<>. · at once the necessity for the legislation, and if they will tnrn Mr. FITZGERALD. Let me call the attention of the gentle to the CONGRESSIONAL REcoBD and read the concrete cases that man to the manner in which the power may be abused by urn referred to, but which I would not take the time to read in officials of the .Government. · 3150 CONGRESSIONAL RECORD-HOUSE. MARCH 11, l\lr. MANN. There is no necessity for that. We all know would have been a waste. What would have been the result to that; that it may be and it sometimes is. the seller? Why, the lamber was standing in the fore t. All Mr. FITZGERALD. It is very pertinent at this time. Con the loss that could possibly be su tained by the Government gress authorized and ordered the sale of the old customhouse was the amount of ripe timber that might deteriorate in one in the city of New York. Bids were invited by public adver or two years. That is the whole case. This amendment pro· ti ement and two bids were submitted, one by the National poses to give the Secretary of Agriculture discretion in this mat City Bank and the other by the Farmers' Loan & Trust Co. ter. Where shall it be lodged, if not with the authoritie that The National City Bank having submitted an offer, I think, have charge of forestry? If you fail to pass this amendment the of about $3,200,000, as against $3,125,000 by the Farmers' effect of this will be to check the sales of ripe timber in the Loan & Trust Co., the award was made to the National City forests. What we want to do is to dispose as speedily as po - Bank. But when the contract was made provisions were in sible of ripe timber in order to reduce the amount which we serted in it that had never been called to the attention of the have to appropriate for this service. In my judgment, it is a respective bidders by which it was provided that all of the plain proposition. I have considered it carefully and looked purchase price should not be paid until the Government was into it in all its bearings. I sent for the Forester this morning ready to abandon the property, and the Government agreed to and asked him if this amendment would not do away with pay 4 per cent upon the purchase price as rent to its purchaser, some of the obj~ctions made on Saturday to the amendment I although it retained the title itself; and it also agreed to de first offered. He said he thought it would. posit $3,200,000, which was supposed to be paid, in the National The Secretary o.f Agriculture can be trusted. Any other man City Bank. The result was that the National City Bank made a who will follow him will be a man of high character who can bookkeeping transfer of $3,200,000 on its books, the Government be trusted. You have got to put faith in somebody in all the e retained the title, it paid the National City Bank 4 per cent matters. It seems to me this technical objection to this amend on the purchase price for :five or six years as rent on its own ment must fall to the ground when you consider the necessity property, the property remained exempt from taxation, and for this legislation and the importance of it, and the value of eventually the National City Bank practically got the property it to the country and to the interests of the Forest Service. for almost the amount that the Government had paid to it in I ask for a vote. rent. That is what can be done by distinguished gentlemen Mr. FITZGERALD. There is no technical objection being under pressure. made to this amendment. The gentleman has submitted a pro Mr. MANN. I never justified the action in that case. But vision on this bill, which is a request fo1· unanimous consent. here is a case where, as I understand it, the Government pro I do not believe the proposed provision is wise legislation. That poses to sell timber, say for mining purposes, and it makes a is why I oppose it. It is not in the interest of the Forestry contract for the sale of so much timber, the timber for a mine. Service; it is in the interest of conh·actors who are trying to It turns out that there is no occasion to use the timber in the speculate at the expense of the Government. mine. The mine may be abandoned. Now the man has con Mr. RAKER. .Mr. Chairman, will the gentleman yield? tracted to pay for the timber. The circumstances may be such Mr. FITZGERALD. Yes. that it would be of very little >alue for any other purpose. Mr. RAKER. This amendment that is submitted this morn There is no occasion for requiring him to cut the timber. That ing is much different from the one submitted on Saturday, and is not in the interest of the Government, and why should they I hope the gentleman will see his way clear to withdraw his not ha"e the authority to modify that? opposition to it. Mr. FITZGERALD.· It is easy to remedy that case. It ap Mr. FITZGERALD. I shall not, if the gentleman is going to pears that there are two instances in the operation of the argue about it. I have made up my mind in respect to the Forestry SerYice in which it is believed that some relief, some matter. modification of existing contracts should be made. I would not l\Ir. RAKER. I desire to call the attention of the gentleman object to a provision that would authorize the modification of to several features of the bill, and particularly the matter as these contracts, but I do not believe that because these two in being administered by the Forestry Service. stances can be singled out it is therefore a justification for the l\Ir. FITZGERALD. l\Ir. Chairman, I have just the same enactment of this provision. It might be subject to abuse in confidence in the Forestry Service that I have in every other administration. department of the Government, and no more. Mr. .MANN. Would the gentleman doubt, as a matter of fact, Mr. RAKER. This amendment simply relates to where a that hereafter the department, in advertising for bids, might private individual or a corporation has entered into a contract put in the specifications a provision that it was within the with the department, and the parties have given a bond that power of the department either to increase or decrease the they will take so much timber at so much per thousand feet-- quantity of the timber cut under the contract, and thereby ac 1\lr. FITZGERALD. And the contract proves to be unprofit complish indirectly the very purpose that is proposed to be ac able and they want to get out of it. complished here? .Mr. RAKER. No; it is not a question of unprofitab1enes.s. Mr. FITZGERALD. Not at all. If the department puts that It is a question of where in the mining districts men have con statement in its advertisement, prospective bidders then have tracted for an amount of timber which they actually need, but knowledge that they are bidding upon an estimate which may be after they have worked the mine, it peters out, and there is no decreased or increased, and they all enter fairly into the ar more gold to dig, and they can not proceed .any further. rangement. If an advertisement is issued and bidders in good l\fr. FITZGERALD. Is that the gentleman's understanding? faith submit their bids on the understanding that certain l\fr. RAKER. That is the absolute fact of the case as now things are to be done, and then a contract is a warded, and the presented by the department. conh·actors depend to some extent, at least, upon the amount of 1\fr. FITZGF..RALD. Then, the gentleman has not read the preEsure or influence that can be brought for relief from unde department's letter, because the most important case is one sirable conditions, it makes a Yery great difference. where the Big Horn Timber Co. had made a contract to cut l\lr. l\.IA~'N. Why would it not do to insert in this amend 100,000,000 in five years for the purpose of supplying railroad ment a provision making it the law only for the next ensuing ties to the Bmlington Railroad. year, or until the end of the next fiscal year, making it purely 1\fr. RAKER. I have not only read the letter, but have also temporary? made it my business to see the Chief Forester and tlle man l\fr. FITZGERALD. Mr. Chairman, I belieYe there is so much who sells the timber for the Government, who acts as the agent doubt of the advisability of either of the two provisions that I for the department. They deem it necessary to have this timber shall insist on the point of order. cut down simply because tb.e company has a contract. Is it Mr. LAi\IB. Let me make this matter so plain that every not right and proper that the man should be given an exten gentJeman here will see it in a moment. There is no analogy sion of time? Suppose he is given an extension of time; that between this case and the cases cited by the gentleman from will relieve him. If he is given an extension of time for a year New York. or six months, the financial situation may change and the busi Mr. FITZGERALD. I did not say there was. ness may be so conducted that lle will be able to go on, if the Mr. LAi\fB. The conditions are reversed. There the United department is permitted to give him that extension. States Government is contracting to have -specific work done. l\fr. FITZGERALD. And we had better appoint a guardian Here the United States is selling timber, and as to these two for him when he is making contracts. concrete cn.ses here, this is just the condition: A large amount Mr. RA.KER. That might apply to every other man on earth of lumber was sold to the contracting parties, to be cut witliin in making contracts. We all make contracts with the expecta five years. The railroads to which the contracting parties had tion of carrying them out. agreed to furnish this lumber gave notice that they would not Mr. FITZGERALD. And making money out of them. need any of it for a year or more, and this contractor would l\fr. RAKER. Not necessarily. Of course, every man in busi· have had to go on and cut this lumber at his own risk, and it ness expects to make money, or he would not go into it. If 1912. CONGRESSIONAL -RECORD-ROUSE. 815{ the Government has made this kind of a contract, why shoUld had passed the following resolution, in which the concurrence it not be permitted to treat the ma.n with whom it has contracted of the House of Representatives was requested: fairly; and if his financial position has changed and his mind Senate concurrent resolution 19. has changed ought not the Government to treat him so that Resol,,;ea by the Senate (the- House of Representati-i:es concurring), he would not cut down the forests simply because he has a That preliminary to such legislation by Congress as may be necessary to enable the Government of the United States to be properly repre contract? It would be to the interest of the Forestry Service. sented on such occasion the Secretary of War be, and he is hereby, Mr. MANN. Mr. Chairman, will the gentleman yield? authorized and directed to confer with the Fiftieth Anniversary of the The CHAIRMAN. The time of the gentleman from New Battle of Gettysbrug Commission of the State of Pennsylvania, and, First. To cause to be made such surveys, measurements. and esti York has expired. mates as will be necessary in regard to providing for a sufficient sup :Mr. MAJ.~. 1\fr. Chairman, I ask unanimous consent that ply of good water for the use of those who shall attend the celebration. the time of the gentleman from New York be extended five Second. To investigate as to the necessary and proper provision re quired to be made for sewerage, sanitation, hospital, and policing during minutes. such celel>ration. The CHAIRMAN. Is there objection? · Third. To estimate upon the tents, camp equipment, s.npplies, and There was no objection. rations that, in his judgment, will be necessary to properly accommo date and provide for those who shall attend such commemoration, and MESSAGE FBOM THE SEN ATE. to estimate what provision will be necessary to be made for local trans portation and care of those who may or probably will participa.te in The committee informally rose; and Mr. EsToPINAL having such celebration, and to give an estimate of the cost, separately stated, taken the chair as Speaker pro tempore, a message from the of the several provisions necessary to be made. - Senate, by l\Ir. Crockett, one of its clerks, announced that the Fourth. •.ro estimate the quantity of camp equipment, such as tenb:, bedding, and · cooking outfits, necessary to accommodate the people at Senate had passed bill of the following title, in which the con tending, together with the cost per unit of a suftable ration to be currence of the House of Representatives was requested: issued and as to the best method of providing and issuing such rations. S. 4314. An act granting pensions and increase of pensions 1'"'ifth. To prepare a . plan of eamp arrangement suitable to the oe easion. to certain soldiers and sailors of the Civil War and certain Sixth. To report to Congress upon all of these matters within 30 widows and dependent relatives of such soldiers and sailors. days after the passage of. this resolution. A..GRICULTURE APPROPRIATION BILL. The message also announced that the Senate had passed with The committee resumed its session. . out amendment resolutions of the following titles: l\1r. FITZGERALD. I yield'. 1;o the gentleman from Tilinois. House concurrent res mines that a specific sum be appropriated for a specified service. Mr. FITZGERALD. Well, I am of opinion that the sum ap· Under the antideficiency act the department is compelled to propriated for a specific year for the service is the sum to which so apportion that appropriation as to prevent a deficiency. the department should be restricted, unless there is some rea This item makes all tJle appropriations liquid, so that any item son for giving them another sum. Otherwise, wh~t is the value can be increased 15 per cent. Instead of having available what of considering, or what is the use of wasting our time arguing Congress contemplates in these appropriations, they can be in as to whether the department shall spend one sum or another creased by the use of this floating fund. sum for a specific purpose, if at the end of the bill we destroy ~fr. LAMB. Our attention had not been called to it, and the effect of former provisions by such a provision as this? I supposed, in looking over the bill when we were making it up, Mr. FERGUSSON. l\Ir. Chairman, will the gentleman permit that it just gave a leeway of 15 per cent to these people in me one word? npportiouing the amounts we gave them. l\fr. FITZGERALD. Certainly. l\fr. FITZGERALD. It was put in here, if the gentleman Mr. FERGUSSON. Mr. Chairman, I want to call attentfon will recall, at the beginning of the institution of the Forest to what I think is an inadequate appropriation for the pre Service. vention of forest fires. ' ~Ir. BURLESON. At the beginning of the breaking up of the Mr. LAMB. We have not reached that provision yet. lump sum for the Forest Service. Mr. FERGUSSON. I mentio.::i that merely for illustration Mr. LEVER. At the beginning of the breaking up of the upon this point, that it is absolutely necessary to have an lump sum for that service. '.rhat system nas only run three emergency clause in the bill, especially with reference to forest - years at the most, and it is absolutely necessary to give the fires. We have dry times in New Mexico, even in the forest administrative officer some leeway by which to administer these . regions, where for 12 months at a time there will not be a forests. For instance-, I might cite to the gentleman this ex drop of rain. The dead timber and the fallen timber and the ample: On a given unit of the national forests this year the leaves and the bu~hes_ become absolutely dry. Not only that, expense of administration may be $10,000, but next year there but· as the country is settling up there are many farms and comes in a lumber company or a grazing concern, .which re farmers who have their houses and ba.rns and haystacks in quires, perhaps, a transfer of some officer, some ranger, or the region where a forest fire may occur. Another thing is that romebody else, to that forest in order to do the business of that there is a great amount of travel in New Me.'tico from the fact forest. The work may increase. that the settled sections of the State are scattered far and wide, Kow, then, unless you have some leeway by which you can and it is necessary for those who travel to camp out, and there take from these general expenses a small amount, as limited in is danger of fire on that account. It is necessary, therefore, the bill here, that forest unit would be absolutely tied up. It for the department to have some leeway, certainly as to the is abpolutely necessary to have this leeway in dealing with these appropriation with reference to forest fires, because if the dry great forests, 159 of them, in order that the service may be season comes it may be a matter almost of life and death; not administered economically and efficiently; and this proviso was only is there danger of the destruction of the farmhouses and put in the bill for that very purpose and the purpose of good hayr.tacks, but of the life of the people, the wives and children adrninistra tion. of the settlers. The whole forest is often but a dry tinder box l\fr. FITZGERALD. Any item where appropriations are made ·of timber and dry leaves, which have not had a drop ot water for experiments coming under the general expenses can be in for a year. In other words, emergencies will arise when the creased in this way. department ought to be able to spend money freely in connec 1\Ir. LEVER. Undoubtedly; but it may be necessary even tion with forest fires. ill a case of that kind that the appropriation shall be increased l\Ir. HAWLEY. l\Ir. Chairman, will the gentleman from New somewhat. · York yield? Mr. FITZGERALD. Oh, no. If Congress determines a spe l\fr. FITZGERALD. Certainly. cific sum should be expended in one year, for instance, for ex- . l\Ir. HAWLEY. As I recall the explanations made to the periment and investigation of range conditions within national committee concerning this transfer of 15 per cent 9f the money forests and the method of impro--ring the ranges, and so forth, I herein appropriated, it w~s not intended that such transfer do not believe that it is necessary or advisable that the depart should be made to the items for investigations or experimental ment should have the authority, if it so desires, to increase the work or operations of that kind, but simply to meet unexpected amount to be so expended by 15 per cent over the appropriation. emergencies arising in the administration of the forests. No l\fr. LEVER. The gentleman from New York fails to make one can tell whether you can administer a forest in any given this distinction between the .Agricultural appropriation bill and year for the same amount . of money as was required for its other appropriation bills which come to the consideration of the administration in a previous year. The probabilites are that House. You know how many regiments of soldiers you are ap you can do so under ordinary conditions, but fires may occur, propriating for in the Army appropriation bill. You know what mines may be developed, stockmen may come in there to graze each soldier costs. You know w fill t the total expense is going to their stock, or other unexpected conditions may arise that will be; but with reference to a department whose work is abso require an additional sum of money for the care of that forest. lutely scientific and in a great many cases, as in the case of This provision was put in the bill so that when an unexpected the Forester here, where a lot of emergencies arise from time to emergency arises for which no provision has been made it can time, it is absolutely necessary, in the interests of good adminis be dealt with through the use of a certain amount of money tration, in the interests of economy, that there be some small transferred from another item or other items. There would be leeway by which the administrative officer may take care of no way in which to meet such emergencies unless this provi...,ion the e things as they arise from time to time. Now, as to be inserted. It is not to be used for field equipment or experi other bureaus in this service, this item reads 10 per cent instead mental work or anything of that kind, but simply for the admin of 15 per cent. istration and protection of the forests. l\lr. FITZGER.A.LD. I do not belieye the gentleman's argu l\fr. RAKER. l\lr. Chairman, may I ask the gentleman if :this ment is conclusi\e. I believe that these scientific investig. tions is the same provision that has been in the bill in previous years? can be conducted within the a.mounts fixed by Congress :!:or a l\Ir. HAWLEY. Yes; for several yea.rs. specific year-that is, an im·estigation up to the amou:.t al l\Ir. RAKER. Has it worked to tb.e detriment of the forests? lowed. A large part of approp1iations are expended fo1· sal l\Ir. HAWLEY. No; not to the detriment of the forests, but aries-compen ation of employees-and there is no reason why to their benefit. Congress should not determine for that department, as it does l\Ir. RAKER. Has not this been really of great benefit in the for every other department of the Government, just to what administration of the forests? e.x:.teut this work shall be carried on. l\fr. HAWLEY. Yes. Mr. LEVER. The gentleman will recognize this fact_:_that l\fr. LAMB. That is what we claim. the Forestry Senice can not spend a dollar more than the Mr. FITZGERALD. If the gentleman believes that this is amount of the total approprfation made for it in this bill, so to be used only in the administration of the forests themse1Ye , tliat the gent1em:m's argument is really whether or not the I will not object. I think it should be modified so as to restrict Forest Service shall or shall not haYe the right to make these it to that particular use. I will withdraw my point of order, little transfers from one item to the other. It does not go to Mr. Chairman. · the total appropriation carried. The CHAIRMAN. The gentleman from New York [l\lr. FITZ Mr. FITZGERALD. The gentleman seems to believe that the GERALD] withdraws the point of order. Forestry Sen-ice is under an obligation to spend all of the l\fr. MANN. l\fr. Chairman, I moye to strike ont the last money that is appropriated to that service for eyery purpose. word, for the purpose of asking a question concerning tlle lan Mr. LEVER. Not at all. guage of the paragraph, where it reacls, on page 4, , line 3, l\lr. L.A.1\lil. They turn back to the Treasury what is ·unex "may be used in the discretion of the Secretnry of Agriculture pended.. as provided above," and so forth. The words " as lH'o\·ided 1912. CONGRESSIONAL RECORD- HOUSE. 3153 above " are intended to refer to the appropriation, but appar said, "Why increase this item so much?" You know how en ently they would refer to the discretion, and there is no dis thusiastic these foresters are. You know as well as I do how .cretion provided above. these items for forests have increased abnormally in the last Mr. LAMB. That point is well taken. f~w years until the appropriation has run up to such an amount Mr. MANN. I think those words, "as provided above," that we hear eriticism against it every year. We concluded that should be stricken out and what is in the current law inserted, to go back to the apptopriation of year before last-$275,000- " under general expenses, Forest Service." for this work would give these people sufficient money to make Mr. LAMB. We are obliged to the gentleman. He can make these trails and paths through these forests. I do not believe the suggestion and we will agree to it. I can. see the force of you are going to stop the going to Europe of these pleasure that at once. seekers and hunters and turn them into our forests. l\ly friend 1\I•r. 1\IANN. Then, Mr. Chairman, I withdraw the pro forma Mr. MANN usually makes fine arguments. He has made a fine amendment and move to amend by inserting, after the word one here, but I doubt whether the pleasure seekers he refers to "above," in line 4, page 48, the words "under general expenses, will go into the forests. Forest Service." l\Ir. l\IANN. Will the gentleman yield? For myself, I never The CHAIR.MAN. The Clerk will report the amendment. have been in Europe, but I have traveled a good deal in places The Clerk read as follows : · where I wished to goodness there were better facilities, both Amend, line 4, page 48, by inserting after word " above" the words in the way of trails and roads, in our own country. I expect to " under general expenses, Forest Service." continue that habit, if I have the opportunity. l\lr. LAMB. We accept the amendment. Mr. LAl.\fB. I hope the gentleman will enjoy himself in The CHAIR.MAN. The question is on agreeing to the amend- Europe, and after tbe 4th of next l\Iarch perhaps he .will haYe ment offered by the gentleman from Illinois [l\Ir. 1\1.ANN]. more opportunity to go to Europe than he has had in the last The question was taken, and the amendment was agreed to. few years. [Laughter.] The CHAIRl\IAN. The Clerk will read. l\Ir. MANN. I hope the gentleman does not wish for that. The Clerk read as follows : Mr. LAMB. Now, l\Ir. Chairman, seriously, we think that $275,000, with the $500,000 they already haYe, will meet the Total for Forest Service, $5,115,245. necessities of this situation. We have reduced the employees Mr. l\lANN. Mr. Chairman, I ask unanimous consent that by some 60 or 70. We have only reduced this in proportion to the Clerk may again report the paragraph that was passed over other items of reduction. I do not think anybody is going to and also the pending amendment. suffer by reason of the fact that we curtailed these expendi Tlie CHAIRMAN. Without objection, the Clerk will again re tures where we could in the Forest Service. If I thought there port tlle paragraph and the pending .amendment. would be any more danger of fire by reason of not supplying The Clerk read as follows: the difference between $275,000 and $500,000, I would cheer For the construction and maintenance of roads, trails, bridges, fl.re fully accede to the amendment. But we can only judge the lanes. telephone lines, cabins, fences, and other improvements necessary future by the past, and under this $275,000 appropriation the for the proper and economical administration, protection, and develop year before last we did not have as many fires as we did under ment of the national fo~ests, "'275,000. the appropriation of $500,000. The CHAIRUAN. The Clerk will report the amendment The CHAIBl\lAN. ~'he time of the gentleman has expired. offereu by, the gentleman '.from Illinois. Mr. LA1\1B. I have never asked for any extension yet, and The Clerk read as follows : - have h·ied to compress all I had to say into five minutes. Nor Amend by striking out the words " two hundred and seventy-five " will I ask an extension now, and so far as I am concerned will and inserting the words "five hundred." rest the case right here. · l\lr. MANN. Mr. Chairman, the current ~aw carries $500,000 l\Ir. l\IORSE of Wisconsin. l\Ir. Chairman, I call the attention under this item for the construction and maintenance of roads, of the Committee of the Whole to the fact that nearly one-llalf trails, and so forth, in the national forests. Of course, if we of the appropriation of $500,000 which we put in this bill lust can get along with $275,000 next year, we could get along with year for this purpose has been cut out. This was for roads, out appropriating any money except for the mere maintenance trails, and telephone lines, whiCh are needed to call and get men of roads there. But we have a large number of national forests, quickly to fight fires. Of the emergency fund of $1,000,000 only many of which would be sought and Yisited by the people of $200,000 remain. These cuts are made in the face of the record the country for the scenic effects afforded, as well as for other of 1910, in which 79 fighters and 25 settlers were burned to· purposes of pleasure. ·we spend eyery year from our country death in the national forests, because we did not have fuese hundreds of millions of dollars by people going to Europe, a h·ails that we are now trying to appropriate for, and $12,000,000 good many of whom would spend their vacations at home visit worth of timber was destroyed. This cut was made in tile face ing our national forests if there were opportunity for them to en of the recommendation of Mr. Gra--res, the Forester, who is cli joy themselves in those forests. rectly responsible to the people for the protection of $2,000,000.000 In addition to that, we need con tantly to increase the con worth of public property in the national forests, and in the struction of fire lanes for fire protection of the forests. The face of full knowledge that as the result of insufficient appro greatest difficulty in the country in the raising and conseryatio:n priations the national forests are in great danger of m· n wor e of forests is in affording protection from fire, and the construc fires. The protection of public property and the lh·es of settlers tioI1 of these fire lanes is probably the only method by which and their wives and children, as well as of public sernmts fires can be successfully stopped without enormous expense. I within the national forests, lies very clo~ to the tmblic welfare. do not think the National Treasury is in such a low condition It seems to me that in the face of the fire losses that we had, that we ought to decrease the appropriation for this purpose. in the face of the fact that these trails and telephone lines are If I had my way about it I would increase it. The national the very first things that are needed, it is mighty poor economy forests are of great value. We propose to protect them from at this time to cut down the appropriation. fire, in the first place, and then we ought to encourage their It is time for Congress to face the facts. Before the national use by people taking their vacations in our country at home in forests can be made reasonably safe agninst fire they must have stead of spending their money a broad ; and for either reason, ten times the present trails and six times the telephone lines for the protection of the forests from fire, and in order to make now built. It has taken six years for Congress to appropriate them accessible and enjoyaole by people who use them, we ought enough money to build this small part of what is urgently to spend not a decreasing sum, but we should appropriate an in needed. The standing timber alone in our national forests is crea ing ·sum each :renr. worth not less than $500,000,000. In 20 rears it will probably The amendment which I have offered simply proposes to keep be worth over $1,000,000,000. If Congress gave the li'orest the same standard for the .ensuing year that we established for Service the $500,000 a year it asks for to build trails and tele the current fiscal year, and to appropriate a half million dollars phone lines, it would give only one-tenth of 1 per cent of the for the improvement and protection of forests that are worth value of timber standing to-day in the national forests. Yon hundreds of millions of dollars to the country. can cut down any other appropriation in this bill and not hurt Mr. LA.l\IB. l\Ir. Chairman, the committee carefully consid it half as much as you are hurting it when you cut down this ered all this. It is true that the current law carries $500,000, particular appropriation. and it is likewise true that this $500,000 will run up to the 30th Mr. LAl\IB. l\fr. Chairman, my friend is discussing a para of June of this year. The year before the same people, shoul graph that is not under consideration, the $1,000,000 emergency dering the responsibility, with all the reasons that have been fund. given and may be given on tliis subject, appropriated the sum l\Ir. MORSE of Wisconsin. Pardon me. I am discussing that of $275,000, the same that we appropriate in this bill, for this in connection with this. You are cutting down this appropria, work. Possibly it was increased abnormally in the last session tion from $500,000 to $275,000, and you are also cutting down of Congress. There were some on that committee then who the $1,000,000 emergency appropri~~n- to $200,000.:_ You under- 3154 CONGRESSIONAL RECORD-- ROUSE. Mi.RoH 1r,,· st~nd th~t the Forest Service is asking for this $500,000 to Let me also read from the' hearings : build trails n.nd telephone lines, and it would amount to less ~e CHAIRMAN. The next item ls: than one-tenth of 1 per cent of the value of the timber stand For the construction and maintenance of roads trails bridges fire is lanes, telephone lines, cabins, fences, and other permanent lmproverr'ients ing to-day in the national forests. This a fire-insurance ndecessary for the proper and economical administration protection and policy which is costing only one-tenth of 1 per cent, if you give eve 1opment of the national forests, $500,000." ' ' all the Forester asks, namely, $500,000. W_h~t do you say,. inasmuch as that was increased so much last year The $1,000,000 asked for actual fire fighting and cut by the to g1vmg you 300,000 this year? ' f Mr. GRA v~s. ~hat will. be a question of consideration of public policy Agricultural C?mmittee to one-fifth that amount, is. simply a o how rapidly. it is desired to extend the work of the permanent i.m~ fund made a>ailable for the use of the Forest Service in times pro".ements w~ch are necessary to put the forests in shape for pro tecbo~. In this connection I would like to call the attention of the of g~ase emer~ency. It may be less necessary than the money comnnttee to the fact that the forests are still very inaccessible; that reqmred to bmld roads and bridges, telephone lines, and trails. there are _vast area_s we can not get into for proper patrol or to trans Unless the fires occur, this money would be neither needed nor port men , and until we do make them accessible there is always going to be the chance for fires starting at a remote point and gettin(7 such spent. But should the need 'arise there could be no more a start that before we get to them they are almost beyond control. criminal extravagance than not to spend it It cost $900,000 beyond the appropriation of the service to fight the great fires I ask you to note that the present amount carried in the bill of 1910. I;f this money had not been spent, these fires would is $~75,000, being $25,000 less than the amount suggested by the probably ha"Ve wiped out the bulk of the forests of northern chairman at the hearings. Idaho, Montana, n.nd western Washington. As I unde~·stand it, Mr. Chairman, the primary purpose of the Fires ha"Ve already broken out on national forests in.. the Forest Service is fire protection. If the forests burn there will So_uth'Yest ~s the result of the exceptionally light precipitation be no timber to sell, the regular flow of the strea~s will be this wlllter. It would be hardly less unpatriotic and unwise to diminished, and the value of the re erves for grazing pm·poses withhold money to equip troops against an invading army than will _als? be cut down. The secondary purpo e of the Forest to refuse the appropriation needed to fight these fires and pre SerVIce lS to make the resources of the forest available for use vent the greater fires which may easily follow. such :is the sale of timber, the granting of grazing permits, and The National Conservation Association is :fighting to "get these the disposal of water power, and a great variety of other special cuts restored. I urge every friend of the national forests to uses. We may honestly disagree about the methods used by the help secure adequate provision for protecting this great public Forest Service in carrying out its secondary purpose. We have property. heard on the floor of this House in the discussion of this bill It is time for Congress to face the facts. Before the national complaints about the. manner in which contracts are let for the forests can be made reasonably safe against fire they must have sale. of timb~r, complaints of fayoritism in the granting of 10 times the present trails and 6 times the telephone lines now grazmg pernnts, and we ~ave also heard the complaints made built. It has taken six years for Congress to appropriate enough by gentlemen that the de"Velopment of the West is being retarded money to build this small part of what is urgently needed. The by unnecessary restrictions on the use of water power, and many standing timber alone on national forests is worth not less than of us perhaps have been prO'rnked by the petty acts of some $500,000,000. In 20 years it will probably be worth well over devartrnent official who seems to think that the regulations of $1,000,000,000. If Congress gave the Forest Servke the $500,000 the Forest Service are superior to the acts of Congress, and a year it asks for to build trails and telephone lines it would who, swollen by a little brief authority, attempts to make a give only one-tenth of 1 per cent of the value of timber stand record by harassing the settler. But I do believe that there is one ing to-day in the national forests. thing upon which the whole Americlin people are agreed, and ~he preservation of this standing timber controls the preser that is that the remaining forests of the United States should yafion of stream flow, whose Yalue is many times that of all the be protected from the needless and preventable waste cau ed wood which the national forests contain. The value of the by the. ravages of fire. I insist that it is false economy to range in national forests, which, again, is largely dependent make any reductiop in the present appropriation. It is in the upon forest preservation, is incalculable. The fees for grazing nature of an insurance of a great national asset, the value of in alone. br?1g into the Pub~ic Treasury every year twice the ap which runs_ into millions of dollars, and aside from that propriation asked for trails and telephone lines. Without these many places it means the protection of human life. When you improvements the forests can not be made safe, even with 10 reduce this appropriation you are cutting at the very heart of times the present patrol. the conser-rntion idea. I sincerely hope that this amendment l\lr. "WILLIS. Will the gentlemn.n yield? will prevail. [Applause.] Mr. MORSE of Wisconsin. With pleasure. 1\Ir. MARTIN of Colorado. Mr. Chairman, I am very glad l\Ir. WILLIS. I call the attention of the gentleman to the indeed for once to find myself in entire- accord with the gentle MANN] statement made in this connection ~ the Forester, in which he man from Illinois [Mr. and the gentleman from Wiscon says that to can-y out the plan of trails and telephone lines and sin [Mr. .MORSE] on a proposition touching the forest resenes. lookout stations, even with the appropriation of $500,000 a year It is my opinion-and I do not care to take up the time of the that is asked for, it will take 1'5 years to complete the system House unnecessarily-it is my opinion, based on actual knowl and if this is cut down it will take vastly longer. ' edge of conditions, based upon the fact that I live in a State Mr. MORSE of Wisconsin. If it is cut down to $275 000 as which, as I haye stated repeatedly, is about one-fourth in for proposed in this bill, it practically means that we will n'eve~ be est reserves, that this item is the most profitable and beneficial able to complete that work. Fires have already broken out in item of expenditure in the entire bill, with the possible excep the Southwest just recently as the result of lack of rain. tion of the expenditures for fire service. Now, what does this Every man who is familiar with the situation, every man who mean? It means that out of an expenditure of more than is a friend of the forests, is anxious to see these appropriations $5,000,000 in this bill you propose to expend only $150,000 to restored. It is poor economy, gentlemen, mighty poor economy protect the reser>es from fire and only $275,000 for the con to cut at this particular point. It would be like preventing struction and maintenance of roads, trails, bridges, fire lanes, appropriations for building roads to get into your farms· it telephone wires, and all the agencies for administering and would be like piling the alleys full of dry-goods boxes, so that protecting the forests. the fire fighters could not get to the building when the fire broke Mr. Chairman, the gentlemn.n from Wisconsin [Mr. MoRSE] out. This is an absolutely necessary appropriation and it is truly stated that the Forest Service is very anxious to secure the height of extravagance to refuse to restore the amount in this bill the same amount carried in this last appropriation asked for in this bill. bill for this specific purpose, to. wit, $500,000; but it is not l\Ir. HAYDEN. l\Ir. Chairman, owing to the long and un only the Forest Service which is anxious to preserve without necessary delay in the admission of the State of Arizona, I was diminution the amount of that appropriation. This is the ole item upon which I have been addressed by my constituents not a Member of this Ilous~ at the time this bill was reported, and I had not :rn opportumty to appear before the Committee the securing of appropriations to build and improye roads and trails through the forest reserYes. This is due to the fact that on Agriculture when this item was under discussion. I want to we haYe towns surrotmded by these reserves which have no read from a letter which I received recently from Mr. Grayes means of egress and ingress except through the national for the Fore ter, concerning this item in the bill. He says: ' ests, and that we have communities separated from each other . The appropriation !-Jill for _the current year carries $500,000 for im provement work. This fund is for the construction of trails fire lines by the reserves. telephone lines. ranger cabins, bridges, roads, and other peri:hanent im~ In this connection I want to my that I base my support of proveme~ts. The money is being mainly expended for the construction this proposition upon n. ground not thus far mentioned by gen of such improvements as are needed for the prevention of forest fires The national forests am still without adequate means of transpo1·tation tlemen supportin_g the amendment, a ground, perhaps, which and communication, and this is the greatest difficulty in tire prevention does not meet with approval by some gentlemen who are up At the pres~nt rate of expenditures it will take fuily 15 years to com: porting it, and that js this: plete the primary sy tem of roads, trn.ils, and other improvements nec essary for fire prevention. A eurtaflment of this work is therefore ex If you are going to bold the e lands out of local taxation, ceedingly serious in the development of the national forests. so that we can not locally tax them for the purpose of building 1912. CONGRESSIONAL- RECORD- HOUSE.- 3155 roads, bridges, and other improvements mentioned in the para D"GRANGO, COLO., January 22, 1912. Hon. JOHN A. l'llAllTIN, M. C., graph, then Yote the Forest Service the money wherewith to Washington, D. C. make the e improvements. We have got to have them. We Sm : Inclosed herewith we beg to hand you a copy signed by the need them in our communities. We need roads and bridges in committee only of a petition by the mining men of La Plata County ad the forest-reserve States just as badly as you need them m· dressed to Senator GUGGENHEIM, asking that efforts be put forth to secure a Federal appropriation for the building of a wagoI\ road through oilier States, and if you are going to deny us the only means the Durango National Forest in this county to the La Plata Mountains whereby you can build roads and bridges in the other States, and on behalf of ourselves and all others interested in the La l'lata to wit, the taxation of the real property, then I say in all Mountains we ask your cooperation in this effort. The La Plata Mountain district is a long-neglected mineral empire. fairness you ought to appropriate the necessary amount, and Ores of immense richness have recently been discovered in them. They He::i.1en knows even $5{)0,000 would be a very small amount to are now being closely watched and investigated by the mining and in expend annually to build roads and bridges upon 200,000,000 vesting public. The values are there, as has been proven. 'Ve bad a road into them, but it was destroyed. They are now nearly inaccessi acres of land, an area five or ·six times as large as all the New ble. We need this road, and need it badly; our county is financially England States combined. unable to build it. Our opportunity for presenting to the world a great l\lr. WILLIS. And especially when it would take 15 years to and undeveloped mineral empire is present, but we can not take ad vantage of it without this road. Federal assistance is our only hope. complete the plan. We sincerely trust and ask that you will exercise your best efforts l\Ir. JU.AH.TIN of Colorado. I have here a number of letters and to secure this appropriation, and we will be pleased to promptly ftlrnish petitions upon this subject, and I have a number of communica you any information and data you may desire. Respec.tfully, yours, tions and petitions from commercial bodies, who are not asking W. W. PARSHALL. the Federal Government to bear all this expense, but who only A. D. LEI 'ER. ask the Government to meet them half way and contribute DANIEL J. KELLY. J J. GOR:HAN. half the amount of building or improving a road or trail, so as BENJ. B. RUSSELL. to connect these different communities. We know that no more necessary and beneficial expenditure can be made, and it is the COLLBRAX, CoLo., March G, 1912. principal thing that does not all go into salaries, clerk hire, Hon. J. A. MARTIN, and administrative expenditures generally. House of Representatives, Washington,, D. C. DEAR Sm: .A.t a mass meeting of the citizens of the Plateau Valley, The CHAIRMAN. The time of the gentleman has expired. held at the Georgia Mesa schoolhouse on Saturday, March 2, the in l\Ir. l\IARTIN of Colorado. Under leaYe to extend my re closed resolutions were unanimousJy adopted, and I was directed to send marks in the RECORD, I shall attach the communications and copy of same to you with the request that you give the subject matter your careful attention. At this same meeting, which was attended by petitions which I haYe referred to, showing the strong demand about 50 of the property holders of the valley, it was decided to at for road work in localities affected by the national forests: once commence the construction of a waf"on road up Cottonwood Creek, THE .ARKANSAS, RIO GRANDE, GUNNISO~ & from a point at Molina. where same wil connect with tbe county road GRAND RIVER HIGHWAY ASSOCIATION, to Grand Junction, to the boundary of the Battlement Mesa Forest on December 15, 1911. Cottonwood Creek. Hon ..TOHN MARTIN, It was the unanimous feeling at this meetini; that the Forest Service House of Representatives, Washington, D. 0. should undertake the construction of a road from the boundnry of the DE.ti? Srn : The inclosed resolutions are self-explanatory. reserve at least as far as Cottonwood Lakes. The people of this valley We believe that the concerted action of the Colorado delegation can ru·e stocking all of these lakes with fish, and this locality is the pleasure secure for us a liberal appropriation for the improvement of the three ground for all the citizens of the Grand Valley. At the present time passes indicated in the resolution. • there are no roads e_ntering the Grand Mesa, except very primitive 'l'he counties constituting the New Santa Fe Trail, Rainbow Route, trails. The construction of a first-class road, suitable for all kinds of nnd lloly Crnss Way are manfully under the burden of construct vehicles, including automobiles, is of the greatest importance to the ing .and maintaining such routes as· will constitute first-class trans people of this section, and we feel that the Forest Service should do its continental highways across the State. The commissioners of each of share in the construction of this road. We understand that funds are the counties named have made extra levies for these purposes, and likely to be short, but if the Forest Service could be provided with if the I1'orestry Department will assist in improving the routes as indi 5,000 for expenditure this year on this' project, it would enable them cated it will be of the utmost benefit to the service, to say nothing of to at least carry the road to a point where people could reach the lakes, the help to the State of Colorado. and it could be extended later. Yours, truly, CIIAS. R. McLAI~, Pt·esid.ent. Mr. Arthur C. Johnson, of Washington, is appointed a committee to represent our interests in this matter, and we would be glad to have you consult with him in regard thereto. . SALIDA, COLO., November 14, 1911. Very truly, yours, J. F . SHULTS, Be it resolved by the At·kansas Rio Grande, Gzmnison & Grand River Secretary, Collbran, OoZo. Bighicay Association, That the United States Foresu·y Bureau be re Whereas the people of Mesa County, Colo., are engaged upon the con quested to spend on the roads over each of ".'rennessee, Monarch, and struction of a first-class wagon road up Plateau Creek a tributary of Cochetopa Passes and the approaches tl;lereto the sum of $15 000, the Grand River, and it is proposed to extend the said1 road up Cot same to be spent through their local forestry officials ; be it furthe1: tonwood Creek to the boundary of the Battlement Mesa F_'ore t; and Resolved, That our Senator and Representatives in Congress be re Whereas it is the desire of the citizens of said county to have the said quested to use all honorable means to accomplish this result; be it road extended to the Cottonwood Lakes and across the Grand Mesa Resolved, That the secretary of this association be required to fur in said forest reserve, to a point where it will connect with a wagon nish the United States Forestry Bureau and to our Senator and Repre road to Delta, on the south side of said mesa ; and sentatives in Congress copies of this resolution. Whereas the construction of this road will be of the greatest impor Attest: CH.As. R. McLAIN, President. tance and convenience for the people of the Plateau Valley, as well as to the people of the said l\Iesa County and Delta County, as it ASPE~, COLO., January S1, 1912. will provide a means of communication between the Plateau Valley Hon. JOHN A. l\fA.RTIN, and the Gunnison River Valley. where now a detour of more than liational Capitol, Washington, D. C. 100 miles is necessary, and will also enable the citizens of these counties to reach the pleasure grounds and fishing around the Cot DE.AR Sm: At a meeting of the Pitkin County Good Roads Associa tonwood Lakes on said reserve : Therefore be it tion, held in Aspen on last evening, a resolution was unanimously Resolved, by the citizetzs of the Plateaii Valley, in mass meeting as adopted asking for your assistance in securing an appropriation to assist scmble State in the Union. The total amount in the forest reserves of two years ago--that on. some of the great reserves in the is 168,165,163 acres. I want to call the attention of the com Northwest there were no fire lanes or lines whatever; that after mittee particularly to the fact that in 1910 there was a loss a fire started there was nothing on earth but the providential to this Government, irretrievable, by virtue of forest fires, of interposition of a rain!all that could prevent the spread of that $26,596,228. In the year preceding the loss amounted to a. mil fire and prevent it from consuming all of the forest in which it lion dollars. This appropriation is for the purpose, as stated started. It is absolutely essential for the protection of the Gov by the gentlemen who have preceded. me, of building roads, for ernment's property that these fire lanes and lines should be cut. the purpose of building trails, for the purpose of building sta The committee has reduced an emergency appropriation of tions where the rangers may be on hand to protect these forests $1,000,000 for putting out fires to $200,000, I believe. from fire. In the counties of California-and I have no doubt Mr. LAMB. We did not use but $22,000 of it last year. it is the same in Colorado and Arizona and other States-the Mr. MONDELL. It ls possible that that emergency appro· local authorities are paying half of the expense for the roads priation might not be needed, but the only way to so adjust through these national forests. They are expending their these matters that the emergency appropriations shall not be money side by side with the National Government that we may needed is to increase this appropriation to the amount that the have public roads and public trails for the purpose of protect department asks, in order that we may take those measures of ing the property of the Government and of protecting the protection necessary to prevent the spread of fires once they are individuals who are living within the reserves or the exterior started. boundaries as well as protecting the many towns that are Now, .Mr. Chairman, I have called attention to the great within the exterior boundaries of these reserves. Only $500,000 extent' of these reserves, stretching across the country for a i asked to protect property worth billions of dollars, the de hundred miles or more in some cases-an unbroken line of struction of which in 1910 amounted to over $26,000,000. We Government forest reserves, part forested and part unforested. are asking for an appropriation that the Government might The people who live in those reserves, the people who live on a ssist in protecting its property, might at least be on hand to either side of tbem, find it necessary to pass through and across see that the private individuals who live adjacent to these them continuously. If the reserves are going to be safeguarded forests and who live within the forests and tlie towns that in the interests of all the people we must have the fire lanes, ha·rn been built up within these forests may be protected in we must have the telephone lines, we must ha-ve the trails, we property and in life. We have had a history in the West of must have the roads, we must have the bridges, and if the peo fires in 1910 where hundreds of people were destroyed simply ple living in the locality are to have the opportunity of getting because there were no roads, because there were no trails and across and about the reserves these roads and bridges and trails no openings by which the :fire could be stopped. must be built. Otherwise the resenes will remain indefinitely The Forest Service is doing splendid work in this way by great barriers to development, great Government reservations opening trails for miles, cutting away the underbrush, so that across which it is impossible for the people to pass in the de if a fire should start with a man along this line you save your velopment either of the reserves themselves or of the adjacent property, you protect the lives of your citizens. It is a small country. I think the committee could, perhaps, have very prop sum, $500,000, for the purpose of protecting this magnificent erly reduced the appropriation for salaries much more than they forest that we are all talking of conserving, and by means of did. I believe that the present management of the Forest Serv which we are talking of conserving the watersheds, for the ice is making a -very honest ·and intelligent effort to reduce ex purpose of getting water for irrigation and navigation as well. penditures for salaries and I have no criticism to make of what 'Vhy should we stand here and refuse to give this department a the committee did in that regard, but there is no justification sufficient amount of money to protect our property, to protect from anybody's standpoint in the reduction by nearly half of the the lives of our citizens? This is not economy. We lost in one only appropriation carried in the bill which protects the Gov year $26,000,000 by the fire during that year. You could do ernment's property, which opens the reserves for use, and which no more gracious act, you could do no better thing than to give makes it possible for the people of the locality to use and enjoy a sufficient amount of money and to give these people power to them. Certainly Congress does not expect the Forest Service' control, that you may keep that which nature has put there,. to protect the reserves from fire without the means of protect and not permit it to be destroyed by the hand of man or the ing them, and anyone who knows about a forest fire or a prairie act of God. In investigating these fires, you will find that two fire, for that matter, ~ows that a fire once started and under thirds, possibly three-fourths of them, are caused by lightning, heavy headway can not be stopped except with a back fire and with the men on the trail, and on the road, in five minutes made against some barrier, and unless there is a noncombustible they are stopped, with the view stations they have on the barrier like a fire lane you can not get men enough on a reserve mountains, from which they are able to see 5, 10. and 20 miles. to check the progress of a great head fire Ol"' top fire going In two hours from the time of the starting of the fire a man is through these forests. there, and that fire has been stopped, whereas without the trails, The CHAIRMAN. The time of the gentleman has expir~ without the roads, without the ranger stations, which would l\fr. MONDELL. Mr. Chairman, I ask unanimous consent that cost you only a hundred dollars or a thousand dollars, you will I may have five minutes more. have lost in a day or in a week, a million dollars' worth of Mr. LAMB. My dear sir, we must finish this bill some time. property.. That is not economy. The CHAIRMAN. The gentleman from Wyoming asks unani The CHAIR.l\IAN. The time of the gentleman from Cal mous consent for five minutes. Is there objection? [After a ifornia has expired. pause.] The Chair hears none. l\Ir. MONDELL. Mr. Chairman, at one time and another in years past I have criticized the expenditures of the Forestry },fr. MONDELL. In view of the fact that the Forest Service Service. Sometimes I have criticized tho e expenditures, gentle states that until recently it did not have sufficient appropria men have thought, rather severely. I think those -criticisms tions to enable it to carry on as it should the work of making were justified. My criticisms, however, were directed to ex fire lanes-- • penditures for services I thought not directly connected with Mr. LAMB. My friend ought not to make this statement. or necessary to the care and the preservation of the reserves. We have appropriated $625,000 for this work. We appropriate I want to congratulate the committee and the Forestry Service $150,()()() outright, we give an emergency fund of $200,000, and in that they have reduced this year the general expenditure we give them this $275,000, which is $625,000. under the head of salaries some $35,000. Mr. MONDELL. The chairmnn of the committee quotes a But I want to call.the attention of the committee to the fact lot of very large figures that I do not think available for the that this is altogether a different sort of expenditure. This is · purposes of this item. the only expenditure under the Forest Service in this bill which Mr. LAMB. What I have stated is the fact. goes dil·ectly to the present preservation and the immediate im Mr. MONDELL. I repeat what I said a moment ago that provement of this Government property. It provides for roads, this is the only appropriation in this bill that can be used trails, bridges, fire lanes, telephone lines, cabins, fences, and for the purpose of providing measures of immediate protection other improvements necessary for the proper and economical and utilization. There is not another dollar in the bill that can administration, protection, and development of the national be used directly for those important purpo e . And this is, forests. therefore, the most important of all the items in the bill. But · Mr. Chairman, several of these forests a.re from 100 to 150 it is the one that the committee has proceeded to cut down roiles in length and are from 25 to 50 miles in width. Portions nearly 50 per cent. of the reserves are heavily timbered. Portions of the reserves Mr. LAMB. Does my friend bear in mind when he is mn.1...-ing are occupied by settlers and people engaged in various. occupa these arguments-and he has expression down fine-that we tions, developing the industries of the country. Those reserves have provided for this special work the sum that was allowed must be protected, and it is absolutely essential for their pro two years ago, viz, $275,000. , tection that fire lanes or lines shall be cut. It came out in the Mr. l\fONDELL. When I have a good cause I can m~ke an heru·ings that we had-the investigations after the great fires argument. 1912. Cf)NGRESSIONAL RECOR~HOUSE. 31_57 F Cr M;. LA.MB. Maybe that is the r~ason the gentleman is not . The ~HA.IR~~ The gentleman from South Car?lina [Mr. · ell now Does he know that there have been LEVER] ask.a unarumous consent to proceed for five mmutes. Is· d orng so w · th · ti ·? · 9,000,000 acres of this forest land turned back to ~e States, l ere obJec on. . . that there has been 1,000,000 acres of it converted mto home- There was no obJect10n. . . 1 te d · the last two years and that each year the necessity Mr. LEVER. Mr. Graves, m his testimony before the corn fors a larger s m appropriations is' not so great? We clallil. tha t . rm'tt ee, answermg. a .quest' ion o f mme,. s ay s.. $275 000 is sufficient for this work. 1 No ; of course we hope we will never have another recurren~e o~ such ' MONDELL Mr Chairman the transfer of a few mil- . a fire. It was a. very exception.al year, and it was to provide m. the Mr. r · · ' bill for an em~rgency of that kind, perhaps, rather than put us m a lions of acres clipped from the outer edges of reserves, gen.er- position of havmg to ·come to Congress: for a deficiency,_which prompted ally of land· that ought never to ha:ve been in reserves! land , us to insert ttat in the bill last year for an emergency. that is nontimbered-for they have not excluded any trmber- .l\Ir. RA.KER. Mr. Chnirman, will the gentleman yield? land from the reserves-the exclusion o.f such la.:1d from ~e The CHA.IRMA.N. Does the gentleman from South· Carolina reserves in no manner lessens the n~cessity for this ?-pproprm- yield to the· gentleman from California? tion, and the taking of homesteads rn the reserves, mstead of ll'fr. LEVER. Certainly. lessening the obligation on the part of the Gover?ID-ent or_ n~ Mr. RA.KER. Before the gentleman gets away from tlla.t cessity on the part of the Government to do the things p~·ovided point will he inform us of the fact that this year the mountains for in this item, increases the demand an~ the D:ecessity, for are practically bare, so far as snow is concerned; and such a. the more you settle the reserves, the more mdusti'l.es you have thing has not occurred in 40 years, and that the fires are now within the reserves, the greater the danger of fire, the gr~ater be..,inninO' on these- national forests-something unheard of in the necessity for roads, trails; and· bridges and telephone· Imes. 40° years? The service has had this ap~ropr~tion ~or a year~t_?e p~esent Mr. LEVER. Well, l\fr. Chairman, that suggestion does not amo~t. It has been impossible 'Y1tJ: this appropnation for the answer this proposition, for the reason that if we- approp~ia.te Mr. LEVER. Mr. Graves, in his testimony before the com judicious expenditure of the public money. This amendment is mittee last year, makes this statement, which shows the enormity offered by the gentleman from llliuois [?.fr. 1\1.ANN] who as I of the undertaking and the necessity of dealing with it gradually haye. stat~d, is. not given to extravagance in voting for ~ppro and reasonably rather than going at it in too big· jumps at one priat10ns m this House. I venture the assertion that he had time: no other thought in mind in offering the amendment except the I have an estimate of the construction work which Is necessary for good of the public service, because Illinois is not interested di the primary control of fires. That includes 6, 700 miles of roads and rectly in this proposition. the testimony is to the effect that it costs about $91.~1 a mile to 'build the kind of roads that they are building in the national forests and We have not only the testimony_of the gentleman from Sou th 22,000 miles of trails and about 10,000 miles of fire lines and' over Carolina [Mr. LEVER], representing this committee as to the 16,000 miles of telephone lines1 and so o~ which must be built before efficiency and faithfulne5s of Mr. Graves, who hea'ds the Bu we have a grip even on the siruation. Tnis amount of work must be done before ypu get even the least grip upon the situation. reau of Forestry, but it is the universal opinion on both sides of the Chamber that a more conscientious, faithful and effi That statement does not bear out the theory that this amount cient public official is not at the head of any bure~u of this of work will protect the forests, but does bear out the idea that Government than the present Forester. If he is efficient and the work can not be done in a day or a year. Mr. Graves is a has the good of the service at heart, why not follow that propo very conservative man, and one of the ablest men in the service, sition a little further and say that he should have what he has in my judgment-a man who is going to grow in the esteem of appealed to this committee for-a sufficient amount of money this House as we come to know him better and better. [Ap to protect the Government interests in the faithful and efficient lause.] He says further: administration of his important bureau? The entire list amounts altogether to nearly $8,000 000. Now that Shall the Members of this House accept the statements of work can not be done in a year. I do not think it would be desirable for Congress, if it wanted to do so, to hand over to the Forest Service the members of this committee, who are not charged with the di $8,000,000 in one year. I do not think we are organized so that we rect administration of that trust, in preference to the opinion can develop the work a.s fnst as that. It ought to be stretched over under oath of 1\fr. Graves, who has every detail of this work in five, six, or eight years ; but of course it has got to be done before you have complete access to the forests and the means of conh·olling fire. hand, and whose reputation as a public official is for careful and effective use of the money voted by previous Congresses, Mr. MONDELL. Mr. Chairman, will the gentleman yield? to carry out the excellent and valuable work of his bureau? The CHAIRMAN. Does the gentleman from South Carolina I venture the assertion that if this reduced appropriation be yield to the gentleman from Wyoming? comes a law not one dollar of it will be expended in the great Mr. LEVER. I will yield in a moment. Mr. Graves tells area of the South, in the Appalachian region where, so far, more of a trip which he took to British India, where they have the than 100,000 acres have been purchased at the cost of $1,200,000. best system of fire protection of any country except Germany, .l\fr. LAMB. Why does the gentleman say that? perhaps, and he says they can not control the fires over all the forests of British India at one time; that they begin on a Mr. AUSTIN. If any portion of it is used there then it must selected list, and put them under protection, and then the next come as a sacrifice, at the cost of the efficiency of the service year they will ·take on a little more area, and the next year a in the Western States, where the national re!':erve is scattered little more, and so on, until the whole is covered. This is the over thousands of miles. • proper system, in my judgment, and it was the idea of the com Mr. LAMB. The gentleman must know that these units of mittee that it was wise to follow old and established customs forest have not yet been apportioned in the Appalachian Re which prompted it to try to make this appropriation a reason serve because comparatively small areas of land have yet been able one and in keeping with well-defined practices in forestry purchased. control. The committee had in mind the fact that the best for Mr. AUSTIN. I make that prediction after a talk with the estry systems in the world recognize that on these propositions gentleman's colleague, and one who is ,actively aiding him in of the permanent improvements we must neces arlly go slowly: putting this bill through the House, that there is no under Mr. MONDELL. As I understand, the Forester suggests that standing and no promise and no assurance anywhere that a this work could be done in a systematic and economic way in dollar of this money will be used for the care and protection of eight or nine years. the Appalachian Reserve-30,000 acres in Georgia, 80,000 acres Mr. LEYER. He says in six or eight years. in Tennessee, 25,()00 acres in North Carolina, and 25,000 acres in l\Ir. l\fO:NDELL. On the basis of the amendment offered by Virginia, scattered through four States, and in some instances the gentleman from Illinois [Mr. l\IANN] it would require 16 80 miles apart. years to do the work. Certainly that is not unreasonable. we. l\Ir. LAl\lB. The gentleman from South Carolina can answer are proposing to spread it over nearly three times the number on that subject. We appropriate $30,000-:-- or years suggested by the Fwester. Mr. AUSTIN. There is no promise, either from the commit Mr. LE"VER. That is true, and if we can complete the per tee or from the Forestry Bureau, that any part of the appro manent improyement of these fore ts in 25 years we will have priation wiU be used in the construction of telephone lines, trails, roads, or bridges in the Appalachian Reserve. don~ a great service to the country and to posterity. I hope the gentleman's amendment will be voted down. [Applause.] l\1r. LEVER. Let me say to my friend from Tennessee [Mr. AUSTIN] that the Fore try Service has full authority to use ~Ir. LA.MB. I move that all debate on this paragraph and amendments thereto close in five minutes. · every dollar that is required to be spent in building trails, . Mr. MANN. I ask for a division on that motion, and pend telephone lines, and all that. mg that I suggest to the gentleman that he give us a longer .l\Ir. AUSTIN. But to give authority and to giYe the money time than that. Several gentlemen on this side desire to speak to do it are two different propositions. on the subject. .l\.fr. LOUD. Mr. Chairman, I would that every l\fember on Mr. LAMB. Several gentlemen may want to speak, but we this floor could realize what a forest fire means and what the can not take two or three weeks more on this bill. We have result of a forest fire can be. The ge tleman from South Caro not moved a particle from where we were the other evening. lina has said that the last large forest fire occurred in 1910. Mr. LA FOLLETTE. The people who live on these forest I am sure he is mistaken. Let me explain. On the morning of reserves ought to have a chance to be heard. the 11th day of last July, just eight months ao-o to-day, I lived Mr. LAl\fB. They have been heard; but I will make it 10 in a thriving community of 3,000 people, with splendid busine s minutes instead of 5. industries-a happy, prosperous people. The two towns com Mr. LOUD. l\Iakc it 15 minutes. I want 5 minutes. prising this community (Au Sable and Oscoda) are located on Mr. MANN. l\iake it 15 minutes. the shore of Lake Huron. We have a forest reserve right to l\Ir. LAMB. · Gentlemen seem to have just begun this fight. the west of the town. On that day, eight months ago to-day, 1-'he Lord knows what they will do if we give them too much a forest fire came in from the westward, the burning embers leeway. carried by wind blowing 50 miles an hour. Our fire departmerJ; l\Ir. LEVER. I think that those on this side who represent did their utmost to stop it, but it was useless. · The burning the committee shbuld have 2 minutes out of the 15 minutes. embers, carried by the fierce wind, were scattered over the Mr. MANN. Make it 17 minutes. towns, setting· fire so fast that no human being could avert the Mr. LAMB. No; 15 minutes. danger. In only 'four hours the two towns of 0 coda ancl Au The CHAIRl\IAN. The gentleman from Virginia moves that Sable, adjoining each other on opposite sides of the Au Sable debate on this paragraph and all amendments thereto close in River where it flows into Lake Huron, were wiped off the face 15 minutes. of the map. Three million dollars went up in flames as the The question being taken, the motion was agreed to. result of this forest fire. Four people were burned to death, and Mr. AUSTIN. 1\Ir. Chairman, .I do not think there will be 2,500 people were turned out in three hours' time, homeless :md any difference of opinion on the statement that the gentleman destitute, many of them with nothing in the world left, not even from Illinois [l\Ir. MANN], the leader of the minority in this clothing, save the scant clothing worn that summer day. All Huuse, has a consistent record for economy and for wise and that night most of them lay on the beach of Lake Huron, un- 1912. CONGRESSIONAL RECORD-HOUSE. 3159 protected from the cold wind that had changed to the north each; 6 laboratory helpers, at $840 each; 2 laboratory helJ>ers, at 780 each; 20 laboratory helpers, messengers, or laborers, at :i;720 each; 2 ward, and without a morsel to eat. laboratory helpers, messengers, or la.borers, at $660 each; 24 laboratory Would that I had time to tell the touching story of bow the helpers, messengers, or laborers, at $600 each · 1 laboratory assistant, generous people of the neighboring towns and all over Michigan $1.200; 1 tool maker, $1,200; 1 janitor, $1,020; .1 student assistant, $300; 2 messengers, at $840 each; .1 skilled laborer, $1,050 ; 1 skilled quickly and ·botmtifully responded to alleviate the distress of . laborer, $840 ; 2 messenger boys or laborers, at $540 each ; 8 messenger the stricken community. God forbid that any one of yan boys or laboreTs, at $480 each ; 3 messenger boys or laborers, at $420 should ever pass through such an experience, but I would that each; 1 messenger boy or laborer, $360; 6 charwomen, at $240 ea.ch; each of you who oppose this bill could have been there to see in all, $254,660. the results of a forest fire. '\Vhile I lost that day a large por Mr. FOSTER of Illinois. .Mr. Chairman, I make the point tion of the accumulation of 40 years' work, my home and all it of order on page 48, line 20, to the increase of salary of the contained, my loss was as -nothing compared with the losses inspector from $2,760 to $3,000. of the poor people who lost their llomes and all they had in l\fr. LAMB. M:r. Chairman, I will just make this statement: the world. The services of this official fully watTant this salary, as the The amendment now before this House asks th.at for the efficiency of the entire inspection force under the food and drugs fire protection of the entire forest reserves in the United States act depends upon his executive ability and initiative. The pro $500,000 be appropriated. I hope every one of you will vote motion is not only justified by qualifications and high abilities for it to the end, perhaps, that no other community in the demanded in the successful discharge of the duties of this United States shall e-ver suffer as my home community suffered office, but by the additional work imposed upon this official by that day. I appeal to each of you that you give favorable increased appropriations during the last few years. Mr. Chair consideration and your vote for this amendment. man, I concede the point of OTder. Mr. LA FOLLETTE. Mr. Chairman, we have heard in the The CHAIRMAN. The point of order is sustained. last two or three yea.rs a great deal said throughout the United Mr. LA.l\IB. Mr. Chairman, I move to amend by substituting States about State conservation and National conservation. Out the words " two thousand seven hundred and sixty dollars " for in our Northwest country it has become, and is to-day, a leading the a.mount stricken out in line 20, page 48. question, a burning issue, and while, when we get down to the The CHAillMA...~. The Clerk will report the amendment. legal points and constitutional phases, there may not be much The Clerk read as follows : that can be mid in favor of State conservation where National Line 20, page 48, after the word u inspector " insert the words "two resources are concerned, yet from the viewpoint of justice we thousand ·seven hundred and sixty dollars." have all got to admit that there can be a great deal said. Out The CHAIRMAN. The question is on agreeing to the amend in the West they have set aside large areru; ns forest reserves. ment offered by the gentleman from Virginia. The gentleman from Colorado [Mr. MARTIN] said one-fourth .Mr. FOWLER. 1\fr. Chairman, I move to amend that of the area of his State is in forest reserves, and in other States 0 amendment by strildng out the word "dollars." The word there are almost equally as large areas. I submit that that " dollars " is already there, and if the amendment is agreed to property belongs to the Government, and admit that the Gov there will be two " dollars" following one another, which is ernment should have a right to do what it pleases with its own; unnecessary. but, as a moral question, has the Government of the United 'The CHAIRMAN. The point of order was made against the States any right to go into a sovereign State and set -aside words "thr.ee thousand dollars," and those words were stricken large areas of forest and then not adequately provide that out. The question is on the amendment offered by the gentle reserve with roads and lanes for fire protection, which would man fi.·om Virginia. safeguard property adjacent, belonging to private individuals The question was taken, and the amendment was agreed to. and the citizens of that State, from being destroyed, and making The Clerk read as follows : possible such a harrowing di aster as has happened in the State Enforcement of the food and drugs act : For enabling the Secretary of my colleague from Michigan [l\lr. Loun]? In my State we of Agricultlll'e to carry into effect the provisions of the act of June have not otily been troubled with forest reserves, which are 30, 1906, entitled "An act for preventing the manufacture, sale or transportation of adulterated, or misbranded, or poisonous, or deiete under national control, but also with Indian reseITations, the rious foods, drugs medicines, and liquors, and for regulating traffic National Government acting so slowly in providing for roads therein, and for orher1 purposes," in the city of Washington and else and trails through forests and also through Indian reservations where, including chemical apparatus, chemicals and supplies, repairs to apparatus, gas, electric current, official traveling expenses, telegraph that the country's growth is actually retarded by the dilatory and telephone service express and freight charges, and. all other ex tactics of the National Go1ernment. This is not altogether a penses, employing suCh assistants, clerks, and other persons as may be question of dollars and cents; it should be a question of expe considered necessary for the purposes named, and rent outside of the District of Columbia, $625,000 : P1·ovided, That of this sum the Secre diency, of moral obligation. .I say that you people in this East tary of Agriculture is hereby authorized to expend not exceeding $5,000 ern country and in the l\liddle West can not realize what we for the purchase of all right, title, and interest in and to · the l\.Iarsh out in that great Northwest, where the principal part of these test for detecting artificial coloring matter in whisky, the same being covered by letters patent 813728, which payment shall include full forest reserves are located, are up against, and I since.rely hope, satisfaction for any and all use that may have heretofore been made if you intend cutting down the emergency fund, that every of the said process 1.Jy the United States. dollar of it you cut off you will add to this permanent fund, Mr. FOSTER of Illinois. :Mr. Chairman, I make the point of which we so badly need. [Applause.] order on the proviso beginning on line 23, page 51. The CHAIRMAN. The question is on the amendment offered Mr. LAMB. l\fr. Chairman, I concede the point of order. by the gentleman from Illinois. The CHAIRMAN. The p~int of order is sustained. l\lr. WILLIS. Ur. Chairman, let us ha1e the amendment Mr. LEVER. Mr. Chairman, I move to strike out tile la.st again reported. word. At this point in the bill it had been my intention to offer Tl.le CHAIRMAN. Wl'thout objection, the amendment will be an amendment providing that no part of this sum llpproprlated again reported. should be expended to pay the salaries and exr1e;;ses of tlle There was no objection, and the Clerk again rePorted the Referee Board. In that connection I desire to make a statement.. amendment. Three years ago I made an argument upon the legality of the The CHAirufAN. The question is on the amendment offered appointment of the lleferee Board and was >oted down upon by the gentleman from Illinois. the proposition by the House. I believed then and I believe The question was taken; and on.a division (demanded by Mr. now that there is no authority in law for the appointment of LEvEB) there were-ayes 65. noes 51. such a board. The Attorney General of the l nited States, h(lw Mr. LE,TER. Mr. Chairman, I demand tellers. ever, has found differently. A ·committee of this Congress, Tellers were ordered; and the Chair appointed Mr. 1\fANN and charged with the duty of the investigation and report upon the Mr. L~MB to act .as tellers. matter to the House, has reported differently. I do not in any The committee again diYided; and the tellers reported-ayes wise surrender my fo ·mer belief as to the legality of the cre 74, noes 70. ation of this board, but I have felt that the amendment which So the amendment was agreed to. I intended to offer was an amendment too important, too sweep BUREAU OF CHE:UISTRY. ing, too widespread in its various reachings out to be placed upon Salaries, Blll'eau of Chemistry: One chemist, who shall be chief of an appropriation bill, where consideration of the entir-e subject bureau, . 5,000; 1 chief clerk, $2,000; 1 executive clerk, $2,000; 5 clerks. class 4 ; 7 clerks, class 3 ; 1 clerk, $1,440 ; 12 clerks, class 2 ; was necessarily limited and resh·icted. I do not believe in that 1 clerk. 1,300 ; 18 clerks, clnss 1 ; 13 clerks, at $1,020 each ; 11 clerks., kind of legislation. The pure-food law was enacted for tbe pur at $1,000 each; 18 clerks, at $900 each; 1 clerk. $840; 1 assistant pose of protecting the consumer agAinst adulterations and mis property custodian, 900; 1 chief food and drug inspector, $3,000; 1 food and drug inspector, $2,2-00 ; 9 food and drug inspectors, at $2.000 brandings of the foods which the ]1E:'ople of the country bny and each; J.3 food nnu drug inspectors, at $1,800 each; 1 food and dru,g eat. There was no disposition in the enactment of that lnw, as inspector, $1,620 ; 11 food and drng inspectors, at $1,600 each ; 8 food I understand it, to hamper the manufactureri:, and purveyors of and drug inspectors, at $1.400 each ; 2 laboratory helpers, nt 1,20Q foods, beyond the ·point of compelling them to properly brand ~ach; 1 laboratory helper, $1,020; 4 laboratory helpers, at $1,000 each; 4 laboratory helpers, at $960 each j two laboratory helpers, at $900 their foods, and to prevent them from adulterating them. I do 3160 QONGRESSIONAL RECORD-HOUSE. MA.Re~ 11, not believe that it is the judgment of the House, and it certainly was in the product of any other manufacturer? How could he is not my judgment, that any one man in this country should tell anything about it unless he were an expert chemist? be given the power over the manufacturer or consumer of the Mr. LEVER. My answer to that is that there is not a big foodstuffs of the c.ountry, and I have believed for a long time food manufacturing concern in this country that does not have that there should be created by law, and not by Executive amongst its employees the highest type of and most skillful order, as is the case of tlle Ilcferce Board, a board or commis chemists. sion within the Department of Agriculture with functions fully Mr. COOPER. Exactly. Have all of these manufacturing set out and defined by law, and not functions or jurisdiction establishments which have been putting out .adulterated food made by the order of the Executive or the Secretary of Agricul expert chemists in their employ? . ture. I do not believe that Congress should submit to the Mr. LEVER. I think so. proposition for a moment of turning over to Executive order Mr. COOPER. And would you have one of those manufac and Executive authority a question so large as this. turers, who employed a chemist and put out that sort of food, I believe it would be at this time unfortunate for the future on a board? _ enforcement of the pure-food law if we should abolish the Rem Mr. LEVER. I would not. I should leave that to the dis sen Board. It is better, in my judgment, that this board shall cretion of the appointing power. continue until it has completed the inv-estigations which it was Mr. COOPER. If you had a business man who did not know called upon to investigate by the President in his order creating how to ascertain the constituent elements of a product he would it. So I have concluded in my own mind, with this statement, have to rely on the statements of somebody else, would he not to offer this amendment, which at first I had intended to not? offer, not because I do not have confidence in the Chief of the Mr. LEVER. A business man on this board would be up Bureau .of Chemistry-for I do hav-e confidence in him, regard against this kind of a proposition: He would listen to the ad ing him, as I do, as one of the great men in this country, re vice of the chemis.t upoi;i that board. He would see it, perhaps, sponsible in a large measure for pure-food legislation-yet I from a broader v1ewpomt than the average expert in any line feel the chief of the bureau himself recognizes the enormous of work. Not only that, but it would be within the prov-ince of powers put into his hands by the pure-food law. Personally the business man to pass judgment upon whether or not a cer and tentatively I should like to see a board created by law, tain proposition was misbranded. with its duties set out by legal enactment and not by Executive l\fr. HELM. Mr. Chairman-- order, which shalJ be the final court of appeal-the final court The CHAIRMAN. Does the gentleman from South Carolina of scientific appeal, if you want to so tei:m it-upon propositions yield to the gentleman from Kentucky? of the misbranding of food and its adulteration. l\fr. LEVER. I yield. [The time of Mr. LEVER having expired, by unanimous con l\fr. HELl\f. I understood the gentleman a moment ago to say that he was in favor of a· body to correspond more or less to sent, at the request of Mr. l\IANN, bis time was extended for five minutes.] a court of appeals in such matters- as this? Perhaps I would not agree to the personnel of the Remsen Mr. LEVER. Scientific and expert appeals. Board, although I do not question either the integrity of that l\fr. HELM. Scientific and expert. Now, we have an Inter board or its great ability from an expert and scientific point of state Commerce Commission, and a recent Congress created a view. If I were creating the board involving this great propo Court of Commerce. Yorn· proposition is somewhat analogous, sition of the proper sale and branding of foodstuffs in this coun as I· understand you. Do you think that that Court of Com try, I should likely make the personnel consist of a couple of merce in that bureau, which corresponds very much to the chemists, a couple of business men selected from private life, court, board, or commission that I p~·esume you have in mind, and a medical doctor-a pathologist. I would make the· person has weakened or strengthened the interstate-commerce act? nel consist of that class of men whose business has made it Mr. LEVER. I may say to my friend, if I may have a moment necessary for them to see beyond one small direction. to answer his question, that I do not have in mind the creation The personnel of the preseot board is composed of highly of any kind of a court. I believe that still the courts of the scientific men, who probalJ1y do not see the v-arious phases of United States should pass upon these matters, as is pro\ided this question. I believ-e it is the duty of Congress to prepare in the pure-food law, as to the adulteration and misbranding of legislation -and act upon it which shall set out in detail the food products, but I want some legislative enactment which will duties of some kind of a board or commission in the :pepart clearly define the relativ-e duties and responsibilities of an ment of Agriculture which shal1 have the final expert decision who are connected with the enforcement of this great statute. upon all of these disputed questions arising under the enforce I do not want any more Executive-made legislation on such an ment of the pure-food law. I am not willing, I say frankly, important matter as the food supply of the country, and this after three years of consideration of this subject, that any one idea which I have in mind would be of assistance and an im man-and I am not going back on my former position when 'I provement over the court on a great many disputed questions. say that-shall hav-e the absolute power to Eay that a certain l\fr. HELM. Do you think the Court of Commerce has weak foodstuff shall or shall not be sold in this country. My con ened or strengthened the interstate-commerce act? And may tention three years ago, as my friend from California [Mr. not the board or commission that you have referred to operate KAIIN] will bear out, was that this board had not been created in like manner on the pure-food laws? legally, that its functions had not been set out by Jaw, and that Mr. LEVER. I will s~y to my friend that I am not discuss the proper thing for Congress to do was to put its foot upon ing that proposition now and really have not given any consid- executive orders creating commissions in this Government, the eration to it. - effect of whose work might be to hamper the enforcement of a Tbe CHAIRMAN. The time of the gentleman from South law passed by the Congress of the United States. From that Carolina has expired. position I have not wavered one iota, and do not now waver upon 1\Ir. KAHN. l\fr. Chairman, I ask unanimous consent that I it. I am pleading for an orderly way, set out by metes and may be allowed to proceed for 10 minutes. bounds of legislative action as to how this board shall be 'l'he CHAIR:\IAN. The gentleman from California asks unani created and what its duties, functions, and responsibilities are. mous consent to be allowed to proceed for 10 minutes. Is there That is an there is to my contention. It is the same fight I objection? [After a pause.] The Chair hears none. made three years ago, when this proposition was first dis .Mr. KAHN. l\fr. Chairman, I was glad to bear the gentleman cussed upon the fioor of the House. I then protested against from South Carolina [1\fr. LEVER] say that he did not believe executive legislation, and I now protest against it as strongly any one individual should be given the great power which is as I did then. I am only keep in mind the practical effects. given under the pure food and drugs act to the Chief of the Mr. COO PEE.. Wi11 the gentleman permit a question? · Bureau of Chemistry, without having some board of high au Mr. LEVER. Yes; I will yield. thority to review the findings of the chief of the bureau. The Mr. COOPER. I obsene with interest that the gentleman Referee Board, or the Remsen Board, as it is popularly called, said if he had the appointing of the board the personnel would was appointed by President Roosev-elt as n consequence of a not be as it is now, but it would include business men. Would condition that preYai1ed in the State of California with regard the gentleman include as business men on the board some of the to the use of sulphur in the process of drying fruit. There were manufacturers of foodstuffs? other questions that were then in contrff\ersy, notably the use Mr. LEVER. I do not hesitate to say to my friend from of benzoate of soda as a preservative, but I believe that it was Wisconsin that I see absolutely no objection to a manufacturer the use of sulphur in the drying of fruit that brought the Ref being on this board. I be1ieYe that this counh·y is big enough eree Board into existence. to deal with this 11l'Oposition in a big way. I want to say at the outset that I have a very high regard for Mr. COOPER. Will the gentleman permit me to say one the Chief of the Bureau of Chemistry. I believe that he has thing? What would an a•erage manufacturer know about what done a great work in this country. I believe that the people of 1912. .QONGRESSION AL ~ RECORD-HOUSE. '3161 · the country appreciate it. And he is universally accorded the Secretary WILSON. He says: .. · · · · :•.I have tried in vain to evolve some plan whereby Dr. Wiley can be credit that is due him. ubllzed on the stand. I have conferred with Mr Mcconville most in But in this matter of dried ·fruit he issued an order that the timately on this point. Dr. Wiley's presence at the argument might be of some value. The argumentative stage will probably be reached use of sulphur was deleterious to the health of the people if Tuesday~ and if he should leave Washington about 11 a. m. Monday, the quantity of the sulphur used was in excess of 350 milligrams he woula probably _reach here at 10 a. m, Tuesday. Believe me, I would to the kilogram of fruit. He had taken the matter up with the have utilized him if I could, and, you know, it was my personal desire to do so ; but, while Dr. Wiley was in full accord with the Government, Solicitor of the Department of Agriculture, Mr. McCabe, and be expressly stated he could not qualify as a physiologist, a chemist a had at first held that 1,000 milligrams to the kilogram was the toxicologist, a physiological chemist, pharmacologist, or a doctor 'of maximum amount that could be used with safety to the public medicine to the satisfaction of either himself or the Government. Had health; that was not unsatisfactory to the fruit driers of Cali- ~~~e~e~en~~tuated as we were, I am sure you would not have intro- · fornia. Does that answer the question? Mr. HIGGINS. Yes. A few days afterwards he reduced the amount to 750 milli Secretary WILSON. This is a letter from W. B. Miller, special assist- . grams to the kilogram of fruit, and that was not altogether ant, dated April 1, 1911. objectionable. A little later he reduced it to 500 milligrams to Mr. HIGGINS. He was representing the Government as assistant? the kilogram of fruit, and finally to 350 milligrams of sulphur Secretary WILSON. Representing the Department of .Justice. ·to the kilogram of fruit. Evidently the Chief of the Bureau of It will be observed that the letter from the special assistant to Chemistry was not certain as to just what amount of sulphur the Attorney General of the United States informs the Secretary would be deleterious. of Agriculture that the head of the Bureau of Chemistry ex: Germany, which probably is the most advanced country in the pressly stated that he could not qualify as a physiologist, a world so far as the science of chemistry is concerned, by statute chemist, a toxicologist, a physiological chemist, pharmacologist, law allows 1,250 milligrams of sulphur to be used to the kilo or a doctor of medicine to the satisfaction of either himself or gram of fruit in the process of drying. When an or.der was the Government in the. case in which . the Government prose finally issued by the Chief of the Bureau of Chemistry that cuted the manufacturers of Coca Cola. In view of that fact, sulphur in excess of 350 milligrams to the kilogram of fruit I believe the appointment of a Referee Board of acknowledged was deleterious, the fruit driers of California realized that their scientists was not only justified, but was absolutely necessary ·industry would be ruined if such an order was enforced, and for the protection of the consumers as well as of the producers. they appealed to the President of the United States and to the 1\lr. Chairman, we had ·another experience in California in Secretary of Agriculture, who happened to be in California at regard to the branding of sherry and port wines made in the that time, for relief against this drastic order, and as a conse State of California. Our wine producers there labeled them quence this Referee Board was appointed. Since then no further distinctly "California port" and "California sherry." There action bas been taken by the Bureau of Chemistry in regard to was no question about the label showing clearly where the the sulphuring of fruit, and we will be content to stand upon commodity was manufactured. There was no attempt to· de the :findings of the Referee Board. Now, fruit is sulphured to ceive. The word "California,'' printed in large type, plainly prevent decay, to prevent the attacks of insects, and sometimes indicated the place of production. The head of the Bureau of to bleach it. A small oven is built and a number of trays of Chemistry insisted that the word " type " must follow the word fruit. are put into this oven at a time, while the sulphur is kept " port" or ·" sherry," so that the label should read " California bnrnmg at the bottom. r_rhe tray remains in the oven about port type" and " California sherry type." The California pro an hour. When it comes out it is placed in the open air in ducers, anxious to comply with the rulings of the department, the fields and is dried by the direct rays of the sun. printed their labels accordingly. But the consequence of that .Mr. TOWNER. Will the gentleman allow a question? was that when the California manufacturers put that word ." type " upon their labels their goods were returned by their Mr. KAHN. ~es. Mr. TOWNER. I thought you intended to tell us, but omitted customers, for the customers said: "We do not want a 'type' to do so-and, at least, I should like to know-what was the of California port; we do not want a ' type ' of California finding of the Referee Board. sherry; we want the genuine California port; we want the genuine California sherry." Mr. KAHN. They have not yet rendered a decision in the . B.ut there was the order of the Food and Drugs Board, in matter. It is still pending. And, as I said, we are content to s1stmg upon the word "type" being on the label. Our manu stand by whatever finding the board may make; but we realize facturers and producers asked for another hearing before that that Germany, which, as I said a moment ago, is possibly fur board, and :finally, by order of Secretary Wilson, we succeeded ther advanced than any other country in the world in chemical in getting that hearing. We contended that that board had no science, permits by law the use of 1,250 milligrams of sulphur more right to insist upon the label reading " California port to the kilogram of fruit. type" or "California sherry type" than the hotel and restau Mr. TOWNER. What are your fruit growers doing now? rant keepers of this city or of any other city in this country _ .M~: KAHN. They are proceeding as they did prior to the should be compelled to put on their menu cards the words appomtment of the Referee Board. The matter is in abeyance "Frankfurter sausage type," "Irish stew type,'' or "-Vienna and the findings of the Referee Board will determine just what bread type," and so on. It would have been just as ridiculous, they can do in the future. and perhaps more apt, to compel hotel and restaurant keepers I believe that the appointment of the Remsen Board has been to put on their bills of fare the word "type" in the descrip fully justified. The members of the board are recognized scien tion of those articles, because the Irish stew surely was not tist~, who stand high in their profession. They are conducting made in Ireland, the frankfurter sausage was not made in their experiments in a scientific manner and their findings will Frankfurt, and the Vienna bread was not made in Vienna. undoubtedly be generally accepted by the scientific world. Your purveyors of these foods did not ha. ve to use the word Efforts have been made in some quarters to discredit the " type" on their bills of fare, although the wine growers of board. I do not think those efforts have been successful, as a California were compelled to use it in describing their ports rule. But that there was the absolute necessity for the ap and sherries. pointment of the board is demonstrated by the hearings before The CHAIRMAN. The tim·e of the gentleman has expired. the Committee on Expenditures in the Department of Agricul 1\ir. KAHN. . 1\Ir. Chairman, I ask unanimous consent to con ture. Let me quote from page 891 of those hearings: tinue for five minutes. Mr. HIGGIN$. From your investigation into the matter of foreign The CHAIRMAN. The gentleman from California [Mr. referee boards, are you able to express to the committee any opinion KAHN] asks unanimous consent to continue for fi"rn minutes. as to the relative cost of those boards abroad and here? Secretary WILSON .. Oh, they cost more than ours for the reason that Is there objection? they take far more time and they deliberate much 'longer. The British There was no objection. bo!ird ~m tubercular germs in animals studied about 10 years, and, I Mr. KAHN. A full hearing was had and Secretary Wilson ~~~t·a~~ cost $375,000 to pay their expenses. AU those great nations himself was present, acting in his capacity as ex officio member Mr. HIGGINS. Some reference has been made, Mr. Secretary, to the of the Food and Drugs Board; and, without leaving their seats, Coca Cola case at Chattanooga. That was a case in which the Gov every one of the memberg of that board, except the Chief of the ernment prosecuted the makers of Coca Cola? Secretary WILSON. Yes. Bureau of Chemish·y, decided that the word " type " should be Mr. HIGGINS. Did Dr. Wiley attend that trial? stricken from· the label. Dr. Wiley still insisted that the labels Secretary WILSO .. Yes. should bear that word. Of course, the majoritY of the board Mr. HIGGINS. What was the result of the case? Secretary WILSO~. We got beaten. having decided that the word should be stricken from the label, ~r. HIGGINS. HaYe you any information gained through any investi that word has been stricken from the label ever since. The gation of that matter as to Dr. Wiley's declining to testify in tbat case? Secretru:y WILSON. There is a letter that comes up from the Assistant fact is that the language, " California port,'' does not deceive Attorney General down there. I could read a paragraph of that a sing~e. soul. Everybody knows where that .port is made. Mr. HIGGINS. I wish you would read the letter. • • There is no .attempt made to deceive. The words "California XLVIII-199 ,. 3162 CONGRESSIONAL ~ RECORD-ROUSE.: MARon 11, sherry" simply show where 'the sherry is manufactured and or whether they are merely the whimsical or arbitrary views of produced. There is no attempt at deception. one man. The Remsen Board meets this requirement, and I I merely point out these instances to show that it would be am glad that the pending bill makes _possible its continuance by a crime inflicted upon the business interests of the United States providing an appropriation therefor. [Applause.] ' to give any one individual unlimited power in the enforcement Mr. LEVER. l\Ir. Chairman, I understand that there are a of this law. · number of gentlemen who wish to extend their remarks in the I am glad that the gentleman from South Carolina [Mr. RECORD. I ask unanimous consent that permission be given to LEVER] did not undertake to make a point of order against this them. section or to offer an amendment to it. I am glad that he con l\1r. 1\IANN. That can not be done in Committee of the Whole. cedes the fact that it. is too much power to place these im It can only be done by individual requests made separately. portant questions in the hands of any one man, and that there Mr. LEVER. Then I will withdraw my request, Mr. Chair fore this board, or some other board similar in character, ought man. , to be appointed by the President in .order that the manufac Mr. MANN. Mr. Chairman, I withdraw my pro forma amend turers-the legitimate manufacturers of this country, the honest ment. The gentleman from Louisiana [Mr. DUPRE] has referred manufacturers-might have some scientific body to which they to the ipse dixit of Dr. Wiley, and the gentleman from Cali could appeal if they felt that their business interests were being fornia [Mr. KAHN] used almost the same idea. There is no seriously jeopardized without any intention on their part to vio doubt but that there is a prevailing opinion in the country that late any of the laws of the land. if the Referee Board were abolished Dr. Wiley would ha--re the Mr. LEVER. My point is, if the gentleman from California say as to what would constitute a food or a drug or whether a will permit, that this board shall be authorized by an act of food or a drug was misbranded or adulterated. Congress rather than be appointed by Executive authority. There is nothing further from the truth, possibly. In the Mr. KARN. I understand the gfill_tleman's position 1n the pure-food law no such autocratic power was given to Dr. Wiley matter, of course; but heretofore serious opposition has de or to anyone else. In the :first place, if it i$ charged that a food veloped in this House against the Referee Board, and I am glad is misbranded or adulterated an examination is made by the to see on this occasion that it is unanimously admitted that Bureau of Chemistry under regulations provided by three Sec there should be such a board in order that honest, legitimate retaries-the Secretary of Agriculture, the Secretary of Com buslne s should not be interfered. with. merce and Labor, and the Secretary of the Treasury. The Sec Mr. LEVER And the gentleman should be fair enough to say retary of Agriculture is in close connection with those industries that Dr. Wiley has insisted upon that himself, and he is so which relate to the production of articles from the soil, includ quoted in the hearings had before our committee. ing agricultural and horticultural products in all of their diversi Mr. KAHN. I am glad that is so. Any fair-minded man will fication, and the Secretary of Commerce and Labor is in con ag1·ee to a proposition of that kind. The manufacturers of this nection and communication with the manufacturing industries country, or at least those of that section of the country where of the country, while the Secretary of the Treasury is connected I live, are trying to do a legitimate and honest business. I with all the importations into the country. It is quite well think that Dr. Wiley has stated repeatedly that California wines guarded to begin with. In the second place, if the Bureau of are among the purest produced anywhere, and the simple fact Chemistry concluQ,es that an. article is misbranded or adulter that our wine growers have usecl the word " sherry " on their ated they do not determine the matter. It is not left to the de labels in a generic sense should not subject them to embarrass termination of an autocrat to settle the question whether the ment. Lexicographers admit that such words as "port" and article is misbranded or adulterated. All the Government does in any event is to have a test of the "sherry" are now used in a generic sense. It is only just that matter made by the courts, where the person who wishes to our wine growers should have had an appeal from Dr. Wiley's maintain that bis food is properly branded; or is not adul decision in regard to the word " type " on the label, in order terated, has full opportunity to present his case before an that they might protect their business, which, .I may say, is not unbiased court, the same as other people settle their con an inconsiderable one. [Applause.] troversies. The CHAIRMAl~. The time of the gentleman has expired. Mr. HAYES. Will the gentleman yield? Mr. KAHN. Mr. Chairman, I ask unanimous consent to ex Mr. l\fANN. Certainly. tend my remarks in the RECORD. M.r. HAYES. But in the case of such a trial in the court, The CHAIRMAN. The gentleman from California [Mr. the testimony of the department officials would of course be KAHN] asks unanimous consent to extend his remarks in the competent testimony, and in ordinary cases would be taken, IlECORD. Is there objection? would it not? There was no objection. Mr. :MANN. I presume it would be taken. The CHAIRMAN. Without objection, the pro forma amend Mr. HAYES. Would it not be true that that testimony would ment will be withdrawn. outweigh, in the public mind and in the mind of an orilinnry Mr. DUPRE. Mr. Chairman, I do not know the present head jury, any testimony that the defendant might offer? of the· Bureau of Chemistry. I never have seen him. And l\Ir. MANN. I believe my distinguished friend from Cal-: .while I have no sympathy with such vagaries as "autosugges ifornia is not a lawyer, or he would not ask that question. tion," which he was reported to be advocating last summer when Of course it would not outweigh the testimony brought in be the thermometer was hoTering around the century mark, or half of the defendant, if the testimony brought in behalf of the with the doctrine of "whole Democracy," which he announced defendant ought to prevail. some weeks ago, about the same time as another similarly Mr. BARTLETT. Is it a fact that in the celebrated coca rational blast was emitted at Columbus, Ohio [laughter], yet! do cola case Dr. Wiley's ·opinion did not prevail? - believe that be, as head of the Bureau of Chemistry, has ren Mr. MANN. In many cases Dr. Wiley's opinion ,bas not pre defod valuable services to the people of this country. I sin vailed. We gave the Department ·of Agriculture only the right cerely hope that he will long continue to render such services. to institute proceedings in court. Of course it is true, and we They are infinitely more useful and beneficial than the more or all realize without question, that the prosecution of a manufac less ornamental duties that a Vice President is called upon to turer or a wholesaler or a jobber or a retailer might do in discharge. estimable damage; but in such cases ·as that named by the I will say, ful·ther, that I am not familiar with the merits of gentleman from California, that as a rule is not true. It would many of the contro-versies in which Dr. Wiley has been the ha--re done no material damage to the producers of dried fruits central :figure. I do not know much about benzoate of soda. to have their cases tried in court. All the damage that can be I know little about "What is whisky?" But I do know some done is done by the assertion of some one- thing about the manufacture of Louisiana sirup and molasses, Mr. KAHN rose. and I know that if Dr. Wiley's proposed regulations on that sub Mr. MANN. I do not yield at present. I should like the op ject had been carried into effect the manufacture of these prod portunity to make a consecutive statement for a few moments. ucts in which sulphur is an essential would have been impos- Mr. DYER. I should like to ask the gentleman one question. sible. · Mr. MANN. I shall be glad to answer it, if the gentleman I feel, therefore, that as between ibe final "ipse dixit" of Dr. will wait. The Department of Agriculture does not settle the Wiley or any other head of the Bureau of Chemistry and the question. When it takes a case into court, then it become a required approval of the Secretaries of Agriculture and Oom matter for the court to determine. Of course I understand the merce and Labor and of the Treasury, these lat;ter officials, in difficulty of determining, the getting of proper evidence to the nature of things, not being chemists, there ought to be some determine ill court some of these controverting question . ·. 'l'he intermediate scientific board to supervise and pass upon the first controversy of great importance tl.utt came up was the one findings of the head of the Bureau of .Chemistry and to adVise in relation to the blending of whisky, where there was a bitter the Secretaries of Agriculture, of the Treasury, and of Com controversy that probably is not yet disposed of. The different !llerce and Labor whether ~uch findings are sclentificall.~ sound branches of the Qovernment , wrestled with that, from the De.. 1912. CONGRESSIONAL RECORD-HOUSE. 3163 partment of Agriculture to the-Attorney General and two The gentleman referred to misbranding port wine. The gen Presidents of the United States. tleman from California [Mr. KAHN] and other gentlemen from When there came up the question of the use of sulphur in California would be extremely quick to object to oranges being the drying of fruits, President Roosevelt evidently concluded branded " Florida San Bernardino oranges," with the " Florida " that it would be preferable to have a scientific body investigate in small letters and the other in large letters. Now, whether the subject rather than for the President and the Attorney the term "port," which originally meant Oporto, a Province of General to endeavor to determine whether sulphur was dele Spain, has become a generic term or not, is in the end something terious or not under the circumstances, and he appointed the for the' courts to determine. Ileferee Board. I have never believed that the Referee Board was Dr. Wiley does not determine it I have great confidence in an illegal body. It was the intention of the pure-food law to Dr. Wiley. His business is to discover and stop, if possible, the gi>e to the Department of Agriculture, or to the three Secre wrong branding or the adulteration of foods and drugs. He does taries, or to the President, who presided over all of them, not pretend that he is an autocrat who has the power finally authority to determine, in the mind of the Government, first, to determine these things. He is an administrative officer. He w.hether there should be a prosecution. The prosecution would is doing and has done great good in that direction; but, on the not settle the question, but the Government ought, first, before other hand, the Secretary of Agriculture, whose duty it is to instituting a prosecution, to be fairly well satisfied that the conserve the interests of the producers of agricultural and article was either misbranded or adulterated. Some one may horticultural products, has endeavored to prevent Dr. Wiley determine these questions offhand, and yet after the course of from proceeding too rapidly and without sufficient consideration. centuries, and after the discussion of these subjects for years, And while they have not always agreed they both have done no one yet knows how far the use of sulphur in the drying of services which render them of great value to the country and fruit is deleterious, or how far the use of benzoic acid or ben entitle them to the esteem and the respect of their countrymen. zoa te of soda in the preservation of food is deleterious. No one [Applause.] knows a great many other of these scientific problems, and Mr. FRENCH. Mr. Chairman, just a word with respect to probably no one will know for years to come. what has been said regarding the reasons for the maintenance (The time of Mr. l\IANN having expired, by unanimous con of the Remsen Board. It has not been purposely said by those sent it was extended five minutes.] who have spoken, and yet, if all of the reasons for the mainte l\Ir. MANN. The Supreme Court of the United States is the nance of the Remsen Board were to be disclosed from those which body which, in the ultimate conclusion·, will settle the question have been mentioned by Members who have spoken, we would so far as the law is concerned, and before that tribunal shall do think it was wholly in the interest of the manufacturer or the that it is desirable to ascertain, through scientific methods, all producer, while the fact is the Remsen Board has just as much the information that it is possible to obtain. It is not desirable reason to exist on account of the consumer as it does on account to have food spoil for lack of preservative on the one hand, nor of the producer or manufacturer. It may be true that in the is it desirable, on the other hand, to use an article to preserve few cases that have been submitted to the Remsen Board, differ food which is distinctly injurious to the system when taken ences have arisen on account of the producer not seeing things into the stomach in quantities necessary for the preservation of the way the Chief of the Bureau of Chemistry saw them, but the food. it does not require much of imagination to see the Bureau of The original proposition in the pure-food bill was to create a Chemistry in some future time take such a position t:p.at, in the board. In the Committee on Interstate and Foreign Commerce interest of the consumer himself, it might be very advantageous that proposition was changed so as to name the character of to take an appeal to some board such as the Remsen Board, persons who should constitute the board, naming certain chem which could make a more extensive inquiry into the interest not ists, physiological and otherwise. In conference that provision of the producer, not of the manufacturer, but of the great body went out, and the reason it was put out was not because any of consumers of this country. I mention this at this time, not one opposed obtaining the information, but because gentlemen that I think anyone doubts ·the question, but in order that it who were opposed to it believed that it gave the Government may appear alongside of the reasons for the existence of the too much power when it came into court; that if we constituted Remsen Board, to which attention has been called by those who a scientific body on· behalf of the Government in this way to have spoken. settle these questions and to fix a standard, as was provided in Mr. HA.YES. Mr. Chairman, I move to strike out the last the bill, when they should go into court and state thp.t they had two words. With most of what the gentleman from Illinois fixed a standard it would, as suggested by the gentleman from [Mr. MANN] a few moments ago said I am in hearty accord. California about another matter, have too much weight in the He said, however, that the Department of Agriculture does not - determination of the question; that the courts might feel that decide these questions, but that they are presented to a court if this scientific body had investigated the subject and believed for its decision. Technically, of course, that is so, but, as I sug that an article was deleterious or injmious-and those are the gested, I think it is true that when the department officials have only cases that• would get into court-their opinion would have passed upon a question of this sort in the public mind it is set too much weight with the court, and it was thought better in tled by their decision. For that reason it seems to me ex the end to lea-ve it so that the Department of Agriculture could tremely important that these questions should be not only care only institute a prosecution. fully investigated and investigated extensively, as the depart Now, the duty of the Remsen Board is quite different. 'l'he ment can not, owing to the multitude of its duties, always do, Remsen Board is purely advisory to the Department of Agri but that they should be investigated by men of the highest culture. After it bas determined that in its judgment an standing in their profession, although, technically speaking, the article used in food is not deleterious to health, the Depart questions as to wh~ther certain articles are deleterious or not ment of Agriculture simply does not prosecute. It is no final have to be brought before a court and be settled by judicial de settlement of the question. If in the course of time and the termination, yet as a matter of practical effect the question is study of the subject scientists come to the conclusion that the determined whenever an official board-the Remsen Board, for article so used is deleterious to health, a prosecution can be exumple--has passed upon and determined that matter as to commenced at any time in the future. The Remsen Board does any article. It seems to me, therefore, extremely important that not compel the Department of Agriculture not to prosecute. It this board should be continued in existence and the necessary simply advises, and the Secretary of Agriculture does not au funds appropriated for it. · thorize the prosecution to be commenced. With·l Remsen Board l\fy friend from .Illinois [l\Ir. l\IANN] says that he believes or 40 Remsen Boards we will not learn too much. I do not that sulphur in the drying of fruit is deleterious to health. Un quite agree with my friend from South Carolina [Mr. LEVER] like him, I believe that it is not. Ever since I have lived in that there ought to be business men upon this scientific board. California my family has consumed fruit that has been sub The duty of the board is only to determine the scientific ques jected to the fumes of sulphur in drying. My children and tion, the health question. The pure-food law does not prohibit everybody in tha household have eaten it nearly every day in any kind of food, except that it prohibits the wrong branding of the year. we· have yet to discover any deleterious effect as a articles and the addition of deleterious substances to foods and result of that use. On the contrary, we have found it exh·emely drugs. If there are no deleterious substances added, we do not wholesome and healthful, and even invalids are able to eat it prosecute, and in the end we may find out. I do not know as freely as they can fresh fruit without any deleterious results. whether the addition of sulphur in the drying of fruit is It is true that even good things may be used to excess, and if deleterious. I believe it is, when used in any considerable sulphur is used to excess, of course, it might produce bad re quantities. I do not know whether the addition of benzoate sults, but used as the people of California use it, in very small of soda is deleterious. I believe it is, when used in any con quantities, in order to arrest decay in the drying of the fruit and siderable quantities. But I do not pretend to determine the prevent fermentation, it. becomes not only wholesome, but ai1 matter. That will be determined in the course of time. absolute necessity if the fruit is to be dried in a manner to be 3164 CONGRESSIONAL-RECORD-HOUSE. fit for food. So far as my observation goes, fruit that has not a recommendation for the Remsen ·Board, I fail to see the value been treated in this manner, unless it contains a very large of it. .Apparently the gentleman from California is satisfied' amount of sugar, will turn black in the process of drying, and with the Remsen Board. Why? Because the Remsen Board when fruit is turned black fermentation or decay has set in, has set aside the order of Dr. Wiley and utterly failed and and it is not fit for human food. refused to make an order of their own, and the fruit growers of Mr. KAHN. The sulphur in the fruit is also used for the pur California and other places are permitted to use all the sulphur. pose of preventing insects from attacking the fruit. they desire without any limitation by anybody. Mr. HAYES. Yes; I was coming to that in a moment. It is Mr. HIGGINS. l\Ir. Chairman, will the gentleman yield? also necessary to prevent production of insect life in t_he fruit. l\Ir.· LAMB. Mr. Chairman, I move that all debate on the It prevents the laying of eggs by flies and other insects, which paragraph and all amendments thereto close in four minutes. would otherwise infest the fruit. All insect life will keep a way That will give gentlemen plenty of time. from fruit when drying which has been thus treated. Without Mr. l\IORSE of Wisconsin. Mr. Chairman, I hope this motion the use of sulphur fumes it would be impossible for the people will not be taken out of my time. of California to preserve their fruits as they do, a:nd which, as The CHAIRMAN. Does the gentleman from Wisconsin yield I believe, has added g1:ea tly to the pleasure and the health of all to the gentleman from Virginia for the purpose of the motion! of the people of the United States. Mr. MORSE of Wisconsin. I do not, Mr. Chairman. l\Ir. l\IANN. Mr. Chairman, will the gentleman yield? Mr. LAMB. Mr. Chairman, I understood that the gentleman's 1\Ir. HAYES. I should be glad to. time had expired. Mr. MANN. Do I understand that sulphur enough remains l\lr. MORSE of Wisconsin. :Mr. Chairman, I yield to the gen in the dried fruits after they a:J:"e dried to prevent any insect life tleman from Connecticut. in the fruit? Mr. HIGGINS. Mr. Chairman, of com·se the gentleman knows J'!.[r. HAYES. No; it prevents it while it is drying. as a matter of fact and as a matter of administration of the Mr. KAHN. That is it. . pure-food law that the Referee Board makes no order at· all, l\Ir. :MANN. There is not very much insect life that develops nor has it any power to malrn any order. when it is drying. 1\:lr. MORSE of Wisconsin. I know that the Referee Board Mr. KAHN. Oh, yes. made no order at all. I know from what the gentleman from Mr. HAYES. The eggs are deposited while the fruit is dry California has said, if he is correct in his statement, that the ing if it has not been sulphured, I would say to the gentleman Referee Board has made no fincUng at all, and that there can from Illinois. be no order made, and that there has been no order made, be. Mr. l\IANN. Not if it is dried under proper conditions; there ca use the board has made no finding. Therefore I say that the is no chance for any such thing. people who are preserving this fruit have no limit except the l\fr. HAYES. In the case of California fruits it is true. The limit which their consciences prescribe. I do not want to trust fruit there is dried in the sun, in the open air. my stomach to the consciences of that kind of people. 1\lr. MANN. I have been eating it for years, supposing that Mr. HIGGINS. The gentleman understands that tliere are it was clean. other questions that have been submitted and are now being l\Ir. KAHN. The gentleman's health is remarkably good. No considered by the board. other man on the floor of this House could do the work that the Mr. MORSEJ of Wisconsin. Some few questions have been gentleman is doing without impairing his health. [Laughter submitted and some few questions have been determined. .n.nd applause.] :Mr. HIGGINS. I differ with the gentleman. There are not l\Ir. HAYES. Mr. Chairman, I want to say to the gentleman many. from Illinois that my experience-and my experience is some Mr. KAHN. l\Ir. Chairman-- what larger than his in the matter of fruit drying-leads me to Mr. LAMB. 1\fr. Chairman, I renew my motion now that all conclude that the most wholesome and cleanest dried fruit in debate on this paragraph be closed in five minutes. the world is that which is dried in California under proper con Mr. KAHN. Mr. Chairman, I yield to the gentleman from ditions in· the sun. Virginia [Mr. LAMB] for the purpose of making a motion. l\Ir. MORSE of Wisconsin. Mr. Chairman, I rise to oppose Mr. LA.liIB. Mr. Chairman, I renew my motion that in four the amendment offered by the gentleman from California, to or five minutes, anyhow, all debate on the pending paragraph strike out the Inst two words. The gentleman from California be closed. [Mr. KAHN] has pretty nearly convinced me of the uselessness Mr. FOSTER of Illinois. This is an important subject, I of the Remsen Board. He says this board was appointed dur will say to the gentleman. ing the administration of President Roosevelt, which is over Mr. LA.MB. Yes; it is; but I must insist that we move on a: three years ago, for the purpose of determining the question of little faster. how much sulphur could be safely used in the drying and pres Mr. BARTLETT. How much time does the gentleman from ervation of fruit. Dr. Wiley had prescribed a certain limit, and Illinois require? • said that the use of more than that amount was deleterious to Mr. FOSTER of Illinois. Oh~ say, five minutes. health, and after more experiments he cut that amount down Mr. LA.MB. I agree, but that is the last of it. Mr. Chair until it got so low that the people of California could not keep man, I move that all debate on this paragraph be closed in 10 the flies off the fruit with the amount of sulphur that they were minutes. permitted to use, and apparently were not able to buy screens. The CHAIRMAN. Is there objection? [After a pause.] What has this Remsen Board done? It has taken the.t matter The Chair hears none. under consideration for over three years, probably nearly five Mr. KAHN. Mr. Chairman, the gentleman from Illinois [Mr. years, and what are the fruit raisers of California doing? They MANN] said that these important questions could be and should are using all of the sulphur they care to use, paying no atten be decided by the courts. There is no doubt but that the ulti tion to the amount prescribed by Dr. Wiley. mate decision will rest in the courts. As I stated before, the 1\Ir. NEEDHAM. Where is the gentleman's authority for Remsen Board was created durina the discussion of the ques that? . tion of the sulphuring of fruit in the process of drying it. The l\lr. l\IORSE of Wisconsin. I get my information from the gentleman from Illinois states that the same result could Im-re other gentleman from California. [l\Ir. KAHN]. been obtained by the fruit growers of California if they ho.cl 1\Ir. KAHN. Wben did I say that? taken the matter into the courts. Let me assure the gentleman l\Ir. MORSE of Wisconsin. Just a few moments ago on the from Illinois [Mr. 1\.IA.NN] that the question was brought to a floor of the House. head at the very time that the fruit-drying eason was about .1\f r. KAHN. Oh, no, indeed; I never said anything of the to commence. There is upward of $15,000,000 worth of dried kind. fruit produced per year in the State of California. The fruit Mr. MORSE of Wisconsin. I will yield to the gentleman if I is set out in trays, and every traveler going over the railroads can get through in time. of that State will see thousands of acres of trays of fruit dry Mr. NEEDHAM. That is not the fact. ing under the rays of the glorious sun that shines unobscured Mr. MORSE of Wisconsin. As I tmderstand the situation, in California during the season from April to November. We there is no limit on the amount of sulphur that they can use use no kilus for the purpose of drying. It is all done in the at the present time. open n.ir. The quantity of sulphur that is used in the process Mr. NEEDHAM. Oh, yes ; there is. is probably not as great as the quantity that is used in Ger Mr. MORSE of Wisconsin. The Remsen Board has made no many. Germany has a board which is analogous to the Rem en finding, and the amount prescribed by Dr. Wiley has been set Board. England has a similar board, and France has a similar aside, and there fa just one thing that stands between us and board; and these boards, after conducting experiments, report the excessive use of this pre ervative in fruit, and that is the their findings and then laws ai·e predicated upon those findings. seared conscience of the man who prepares the fruit. If that is It was a case that required speedy action, and the Remsen 1912. CONGRESSIONAL RECORD-· ROUSE. 3165 Board was. appointed. I .agree with the gentleman from TIIi.nois ~ tornia is a great State. It is to have two exhibitions held in it that there was .fnll warrant in the law for the appointment ·Of at one time. I tell you we ought to be thankful for the State this board. T-0 have appealed to the courts for relief would 'have , of California anil what it is doing for us. [Laughter and ap spelled rum to a great industry. The situation requ1red imme- plause.] diate action. The law's delay would haTe been ruinous. The ,1 The Clerk read as follows : gentleman from Wisconsin [Mr. Mo'RSE] intimates that tl;le 1 BUREAU OF SOILS. quantity of sulphur that is used in Oalifornfa in the process of Salaries Bureau of Soils: One soil physicist, who shall be chief of drying fruit is deleterious to the public health. ~ . .bureau, $4 000; 1 chief cler"k, $2,000; 1 executive assistant, $2,000 .! .3 clerks, class 4 ; 2 clerks, class 3; 3 clerk§, class 2 ; 1 clerk, $1,260: I stated a while ago when the gentleman from Illinois [Mr. 8 clerks class 1; 4 clerks, at 1,000 each; 3 clerks, at $900 each, M.A.NN] made the rem~rk that he had used Oalifornia dried 1 soil ca~tographer, $1,800; 1 soil bibliographer, $1,400; 1 photographer, fruit for ye.ars, that he himself is a liYing example of the $1200 · 3 draftsmen at $1,200 each; 1 draftsman, $1,000; 1 messenger, $840; '2 messengers, mes enger boys, o.r laborers, at $480 ea~; 1 benefits of eating California dried fruit. [Laughter -and al! laborer, $600; 1 laborer, $300 ; 1 charwoman or laborer, $480 ; m all, plause.] He does not show rrny evidence of having been ser1- ' $50,540. ously affected.. by its use. And if the quantity of sulphur used Mr. FOSTER of Illinois. Mr. Chairman, I move to strike was so large that the he:;tlth of individuals would be endan o.ut this paragraph. gered, instead of the demand for Oaliforni~ dr~ed fr.nit ~on The CHAIRl\IAN. The Clerk will report the amendment. stantly increasing from year to year, the Oaliforma frmt dner-s Mr. .FOSTER of Tilinois. Rather I make, first, a point of would not be aole to sell their products. The gentleman also. order upon line 18, which shows the increase of $400. complains because the boa1·d has not -rendered its decision re Mr. LAMB. It is a mere transfer. garding the use of sulphur. The gentleman has forgotten that Mr. FOSTER of Illinois. Is not that an increase? the board has also been conducting experiments with other J>Te Mr. LA.MB. No. servatiyes, and that it has rendered a number of highly im Mr. FOSTER of ,Illinois. 1: beg the gentleman's pardon. I portant decisions. Although the Remsen Board has not yet m.ave to strike out the paragraph. rendered its -decision in regard to the use of sulphur in drying i l\fr. Chairman, I do this f01· the purpose of testing this com fruit we feel confident, from the standing and character of the mittee upon the question of the son survey. Not that I am gent.iemen that compose the board, that they will Tender such opposed to the ·soil survey nor the head of this work, for I . a deci~ion as will, at Je::i.st, be :respected ·by the .fruit driers of have confidence in his ability and honesty of purpose, because California. if the committee should vote to stTike out this :paragraph I The CHAIRMAN. The time of the gentleman from Cali should like to insert a ·similax paragra:ph under the BUl'ea u of fornia has expired. P11:l.Ilt Industry. But I belieTe, a.nd it has been so stated by l\Ir. FOSTER of Illinois. Mr. Chairman, I desire to detain .i\IembeTs and 1n fmmer Congresses, that this :Bureau of Soils the committee but a moment. This matter of pure food is, to ought to be by all means in .tlle Bureitu of Plant Industry. It my mind, of a great deal of importance to the people of the has been stated that we have men who go out and make investi country. The questions of misbI.:a.11ding foods, Dr. Wiley, and gations of the so.il. They issue beautiful maps of certain sec the Remsen Board have been in the newsprrpers almost ever tions of the ~ountry. They .show what those soils may .contain iincc the .pure-food act wa:s passed. I imagine that a good •or may not contain, and yet when that is over it is about all -deal of the fight on Dr. Wiley and his methods, although not there is to it. all of it, has been made by people who want to misbrand ana · Mr. LAJ.1R This ·is for the physical work. put up adulterated food. I think this Congress could well · Mr. FOSTER of Jllinois. I want to say this, that if we bad afford to throw all the safegua.r.ds possible arolind this .Bureau this soil sur\.-ey m connection with the Bureau of Plant Indus of Chemistry, so that tJ1e pure-food act may not be broken try that this plant industry might go ahead when soil surveys down. It is possible that one .man ought n sending hundreds of these reports to the State of California to Mr. M.A1'1N. I recollect that, and I recollect I helped to criti show what can be raised on particular tracts of land. cize it myself. If the gentleman can explain what these differ .1\lr. FOSTER of Illinois. For chemical investigations we ent items mean, segregated, very well. I understood what the appropriate $18,135, which is insufficient to do the work in a original item meant. I; do not understand what this means. proper manner. Mr. LEVER. The gentleman will see that these segreaa ted Mr. RAKER. I agree with the gentleman in his opinion, I Items mean no less and no more than the original lanruage, ex thought they were doing th.at now. cept that they are broken up into specific projects so that the The CH.AIRMAN. The pending motion is the amendment of committee and the House hereafter may know exactly how the gentleman from Illinois [Mr. FOSTER] to strike out the much money is being expended upon each of the projects; so paragraph. that we may be informed as to whether or not we desire to con ~'he question was taken, and the amendment was rejected. tinue the expenditures along the lines suggested in the segrega The CHAIRMAN. The Clerk will read. tion of these amounts. · The Clerk read as follows: Mr. MANN. .As a matter of fact, no one on earth can tell or For physical investigations of the important properties of soil which differentiate between the work that can be done in the fii·st two determine productivity, such as moisture relations, aeration, heat con paragraphs that the gentleman refers to. One includes soil pro ductivity, texture, and other physical investigations of the various soil class_es and soil types, 11,265. ductivity; the other is for the physical investigation of the "Oil , .lUr . .MANN. l\fr. Chairman, I reserve the point of order on which determines soil productivity. What is the difference be that paragraph. · tween determining soil productivity and investigations in regard to the soil, which determines soil productivity? If anybody cau The CHAJR1.!Al~. The gentleman from Illinois reserves a find the difference between those, I will give him a new hat. point of order. [Laughter.] Mr. l\f.ANN. What is the theory, may I ask, in changing the Mr. LEVER. The fitst is an investigation of soil composi bill with reference to these soil items? You carried" last year tion and soil minerals and soil solution and all chemical prop for the investigation of the relation of soils to climate and erties of soil in relation to soil formation. organic life and of the texture and composition of soils in the Mr. TILSON. Is not th.is the distinction: The first is tre·s.ted field and laboratory $51,600. You have segregated, I suppose, chemically and the second by physical tnvestigations? that item into three or four items. What is the purpose of Mr. LEVER. Exactly. I was about to say that. •that? Mr. LAMB. One is chemical and the other is physical. l\fr. LAUB. That has been done. The gentleman is correct Mr. MANN. That may be. in that. The chief of the bureau states that three years ago Mr. LMIB. We give them no more money. If they choose .to the direction of the committee to them was that they wanted divide it up between chemical and physical investigations, we their appropriation separated in a number of items; that is, have no objection. they wanted a number of items in the lump fund instead of a Mr. 1\1.A.NN. I have been around long enough to know that relatively large amount for general purposes, so that the bureau when these things are divided up by the department it is done would know exactly what it should do under the law as to either to get mol'e jurisdiction or else it is through a mi take each of these objects. There is no purpose .of changing the on the part of some clerk, who sooner or later will find that he character of the work, but merely to give the bureau more is up against a decision of the comptroller for being too par~ specific authority for the work. The additional language that ticular. appears is merely for that purpose, inasmuch as nothing is Mr. LAMB. Possibly there may be some ulterior motive in being attempted that is not being done at the present time. dividing this work up. I do not think so. We understand that Mr. MANN. Have they been interfered with under the ex these investigations are to be divided into chemical and phy ical isting law? investigations. We are not going to give them any more money. Mr. LAMB. No. The committee asked them to segregate l\Ir. MANN. The gentleman is concerned only about how these items. , much money we give them. Mr. MANN. I did not think it was the committee. How was Mr. LAMB. I fail to see any harm in what they are trying tbis estimated? to do. The physical examinations must be followed up by l\Ir. LA.1\IB. It was estimated by the department, of course. chemical examinations in order to reach results. They recommended that it be divided up. l\1r. l\I.A ....~N. Now, while the gentleman is on his feet, I l\fr. MANN. Was it estimated separately, or was it not? would like to ask him another question : Last year we inserted : l\fr. LA.MB. I do not think it was. in the bill on the floor an item in relation to the supply of · Ur. MANN. You say the committee did it. Here was a potash, and so forth. Is that proposed to be carried on by the general provision for an investigation of the relation of soils to item on page 54, under the head of fertilizer investigations? climate and o:r:ganic life and of the texture and composition of Mr. LA.MB. Yes. soils in the field and laboratory. The gentleman says they did Mr. 1\IANN. Here it is mixed up with another item in refer not intimate that they wanted to change the work, and that ence to farm manures. I am decidedly opposed to that. I they have not been interfered with under that provision. ask, Why should we not have that item by itself? The gentle Everyone knows, however, that when you go to particularizing man is talking about segregating. Instead of segregating he either one of two things happens. Either there ts a restriction lumps two matters together, where nobody knows what they. of authority or else an extension of it. Here you do not re will be expended for. I withdraw the point of order. sh·ict their authority, and what I want to know is in what way The CHAIRMAN. . The gentleman withdraws the point of you propose to extend it. order. 'I'he Clerk will read. l\fr. LEVER. The item of $51,600 contained in the bill last 'l'he Clerk read as follows : year for the inv-estigation of the relation of soils to climate For fertilizer investigations into the natural- and artificial sources of and organic life and the texture and composition of soils in supply of fertilizer material and methods of handling fertilizers and the field and laboratory has been divided up as follows-divided farm manures, $25,000, of which sum $10,000 shall be immediately up not by the committee, but by the bureau itself, through the available. Secretary of .Agriculture-into three items, which, if the gentle Mr. FITZGERALD. I reserve a point of" order on that. man desires, I will read. The CHAIRMAN. The gentleman from New York reserves l\fr. MANN. Oh, the items are in the bill. What is the pur the point of order. pose of putting all this in here-soil composition and soil min l\fr. MA1~N . May I ask the gentleman whether this is in erals, the soil solution, solubility of soil, and all chemical prop tended to coYer the investigation of the sources of potash I erties of soils in their relation to soil formation, soil texture, Mr. LAMB. Yes; that is true. and soil producth'ity, and so forth, such as is given below-the Mr. MANN. How much of it is for that purpose, and how determination of the soil's productivity, such as moisture re much is fpr the investigation of the methods of handling farm lations, neratiou, heat conductivity, texture, and other physical manures? What relation is there between investigating the pos investigations of the various soil classes and soil types? Now, sible natural sources of potash supply in this country and the if thut was not inelnded in the original language, why is it investigation of fa.rm manures and the handling of farm proposed to be inserted in the bill? A.nd if it was in the original manures? I can not imagine any two things wider apart. language, what is the purpose of particularizing here, so thHt Mr. FITZGERALD. The gentleman from Illinois is not an they may rnn up against a decision of the comptroller pretty up-to-date scientist. [Laughter.] soon? . .Mr. LA.MB. This is an increase of $12,500, of which sum l\Ir. LEVER. Let me suggest to the gentleman from Illinois $10,000 is to be made immediately available, and is for the that he remembers the time when the agricultural appropriation purpose of continuing fertilizer investigations and methods of bill was very severely criticized on the floor of the House for the handling fertilizers and farm manures. Last year Congress i•eason that it did not provide for the breaking up of the lump gave an appropriation of $12,500 and directed the bureau to sum appropriations in the bill. search the country for possible sources of supply of potash and 1912. CONGRESSIONAL REdO_RD-HOUSE. ·3i67 nitrates, and that work has been 'prosecuted very vigorously, Mr. LEVER. Mr. Chairman, the gentleman from Illinois [~ir . and the bureau has achieved rn.ther phenomenal success. It 1\IANN] is entirely correct, not only in his recital of the history has searched the desert basins for possible surface deposit of for the reason for the insertion of this paragraph- in the appro pot~,sll and of nitrates, and bas made an investigat;ion of the priation bill, but also in his understanding of the purposes for mines and salt cleposits in the salt wells and ~alt mmes of the which this appropriation was tq be used. .As far as I am con country. It has in~estigated the possibilities of obtaining sup cerned, I see absolutely no objection to amending this item so plies of potash from the sea kelp, especially on the Pacific coast, as to meet the view of the gentleman fro.IQ. Illinois, and I would where it has been found that they are far richer in potash than suggest this to him as an amendment to the present language : on the Atlantic coast or in most other localities the bureau For exploration and investigation within the United States to dt.)ter knows of in the world. mine a possible source of supply of potash, nitrate, and other natural The following remarks by Dr. Cameron made before the fertilizers, ~25,000, of which sum $10,000 shall be immediately available. committee give th~ result of this work in detail : In connection with that I desire to say that my understand The authority granted the bureau in the wording of the appropria ing is that none of the appropriation here asked for is to be tion was very broad, and it has interpreted it in that spi~i.t, and h~s used at all in carrying out the authority given under the words made an investigation of the three general classes of fertilizers. thell" sources of supply and, to a certain extent, into the manipulation of "and methods of natural fertilizers n.nd farm manures." The this material to p'ut it in form for the farmers and for use on the soil purpose of the increase in the appropriation is to enable the and with plants. The buPea.u bas carried on investigations into pb_os pbates especially in Kentucky and Arkansas and Tennessee, followmg department to extend its work in trying to disco1er potash de up woi·k which they had done previously in Florida and in the western posits in this country, and in connection with that I desire to areas. The bureau has somewhat extended the area of available fields say that the department bas made wonderful progress in this of phosphate, has investigated the eost of production and the cost of manipulation in the factory, and all of these data are included in the direction and believes that it has discovered on the Pacific coast report which has just been completed. The bureau has al o carried on a rnurce of potash supply that will absolutely gh-e to this investigations in regard to nitrogenous fertilizers, especially ammonium country all of the potash it needs, and a >ery great deal more sulphate. We are coking enough coal in this country to produce some thing like 650,000 tons roughly speaking, of ammonium sulphate, but than it• needs, and that it can be manufactured and paid for we ure actually producmg1 about 35,000 tons, the rest of the ammonia with. the by-product that comes from these kelp beds, as I be· ·being thrown away at present, and we are importing about 104,000 lieYe they are called. I feel a good deal of personal pride in tons, especially from England and Belgium. Heretofore they have thrown it all away, but during the last few years they have been this proposition, because it was my amendment that authorized puttini; in the modern by-product oven, in contrast to the old beehive the im·estigation, and the results of the in1estfgation ha•e been oven, and they are making ammonium sulphate. so great that it has induced the President of the United States That is what we had from the hearings, and I have read it to send the Congress a special message commending the Depart here so as to gh-e it to you) multum in parvo. ment of Agriculture for its splendid work. Mr. l\IANN. Do I understand that the appropriation we 1\Ir. Chairman, I would like to ask the gentleman from New . made last year for the investigation of possible sources of York if be insists upon the point of order? potash in this country has been diverted to these other pur Mr. FITZGERALD. 1\Ir. Chairman, I want to know the rea poses? son that indu~ed the OoruJDittee on Agriculture to report a de 1\fr. LAMB. No; not entirely. ficiency appropriation in this bill-in this item. · Mr. MANN. What ha·rn they been making these investiga Mr. LEVER. We have not done that. tions under? Not under this item. Mr. 1\fANN. Oh, yes; th-e $10,000 to be immediately arnilable Mr. LEVER. Let me say to the gentleman from Illinois ['.Mr. would make it a deficiency appropriation. MANN] tll.at the language of the item carried in last year's bill Mr. LEVER. Yes; if the gentleman desires to call that a was- deficiency. For expl~ation and investigation within the United States to de 1\fr. FITZGERALD. Mr. Chairman, if the department has termine the possible sources of supply of potash, nitrates, and other expended all the funds appropriated for this year and needs natural fertilizers. additional funds, it should do as the law requires-submit an l\Ir. MANN. I understand. That does not include the manu estimate for an investigation to determine whether it is neces facture of any form of ammonia from coking. sary. Ur. LEVER. I will say to my friend that the language. of Mr. :MANN. This item went into the bill last year as the this item car-ried in the bill this year does not provide for that, gentleman now wishes to offer it from the floor ,,..and not from in my judgment. the department, to make these investigations concerning any 1\Ir. MANN. That was what the chairman read, to show natural supply of potash. I think the appropriation is not en how impoi·tant it was. Now, last year we were confronted tirely exhausted, and the department is quite content to pro with this situation : Germany is the source of supply of our ceed, as far as it is concerned, with the money that is on hand. potash. We were dependent upon Germany for our supply of On the other hand, if we can disco-rer-and it looks as though the potash which is necessary in the manufacture of fertiliz we would be able to disco•er-a source of potash supply in this ers. The German Government at that time was holding up country it is worth millions of dollars to our people both in the some contracts which i;:ome of our people had been able to slip way of obtaining potash cheaper and obtaining the supply a.t in and get, one night between 12 o'clock and 10 minutes after 12, home. - when the 8Ylldicate for that length of time was broken up. 1\Ir. LEVER. And of breaking the monopoly. We undertook then to find whether we could discover potash Mr. l\IA::t'li'N. Mr. Chairman, we all know that the German supplies in this country. We put one item in the agricultural syndicate absolutely controls the price of potash. It completely bill and one in the sundry civil bill. Mr. Tawney, chairman controls the mines. We talk about trusts here, but that is an of the subcommittee on the sundry civil bill, made a point of absolute syndicate over there, controlled entirely, and when it order on the amendment. I was in the chair on that bill, and broke up for a few minutes and they got contracts, a I nar I asked Mr. Tawney to withdraw his point of order, because, rated before, the Government over there promptly put an export if we could discover a supply of potash in this country which tax on any potash that was exported under these contracts, would render us free from the tribute that the rest of the world and they were required to go with the combination. If rre can has to pay to Germany for its supply of na.tural potash, it discover this, it will be of great value, and they can use this would be the greatest discovery that could happen to this money. That is all there is to it. country for the benefit of the farming community. We put Mr. FITZGE~ALD . Oh, yes; they could use twice as much. · that item in last year, and apparently the purpose is to divert 1\Ir. l\IANN.. I mean they could use it profitauly and bene it to something else. ficially. l\!r. LAMB. No; I think the gentleman is mistaken. l\lr. FITZGERALD. Let me say this: The gentleman has 1\fr. fA1'1N. But we had in mind the discovery of a natural told one side of the story. It is apparent that this appropria supply of potash. Have they used it for something else? tion was made without being estimated for by the department, Mr. LAMB. The language that has been stricken out con because this bill never carries - an appropriation for any tained the words " natural fertilizers,' and in place of that we service in the .Agricultural Department that is not more than put farm manures. sutpcient for the service during the fiscal year. An examination Mr. MANN. We put thnt wording in because there might be of the unexpended balance in these appropriations shows that a question as to just what the in>estigation was to be in the Congress is more than lavish, and even this department can study and effort to discover natural potash. They have made not spend the appropriations that are made. an in>estigation on the Pacific coast of a certain kind of sea Mr. 1\IANN. It shows that it is expended economically. kelp, claiming that that furnishes a supply of potash. That The gentleman _ought to give the department credit for that. would cover any other natural fertilizers in connection with it, 1\Ir. FITZGERALD. No. This department would render but the appropriation was put there for that purpose and more efficient service if it had from two to three million dollars that purpose solely, and I do not believe the depar tment has less money than it has got now. expended it for these other things. Mr. LAl\IB. Where would the gentleman start to cut? 3168 CONCffiESSIONAL RECORD-·HOUSE. MARCH 11, . Mr. FITZGERALD. I would cut the force here in Wash- priation immediately available. If the Chair is·in doubt there ington. · are a number of rulings to which I can refer the Chair. . Mr. MANN. The gentleman, of course, represents a city dis The CHAIRMAN. If the gentleman makes the point of order trict like myself. to the entire paragraph the ·point of order to the entire para .Mr. FITZGERALD. And we are scientific agriculturists. graph must be sustained. · [Laughter.] Mr. LEVER. Mr. Chairman, I think there is no doubt about Mr. MANN. I am. I do not know that the ge:µtleman is. the point of order lying against this proposition. I propose to Mr. FITZGERALD: You can not walk through the offices up offer an amendment to take care of the proposition as follow~, here in this department. The people are so crowded that they to amend by inserting as a new paragraph: are in one another's way. They have three or four men watch For exploration and investigation within the United States, to de inO' one blade of grass grow, whereas if they had one mun to termine a possible source of supply of potash, nitrates, and other natural w~tch half a dozen blades of grass grow it would thrive much fertilizers, $25,000. better. The CHAIRMAN. The Clerk will report the amendment. Mr. MANN. I do not know about that. I do know this: The paragraph is stricken out on a point of order. They have not only made two blades of grass grow where one l\fr. LEVER. I understand that, 1\lr. Chairman, but I am grew before, but they have made . many blades of grass grow offering this proposition as a separate paragraph. where none grew before. The CHAIRMAN. The Clerk will report the amendment if Mr. FITZGERALD. That might be true, but they could do the gentleman will send it to the desk. it with a lot less people. The law is quite clear. If this depart The Clerk read as follows : ment needs additional money for this fiscal year in this service, For exploration and investigation within the United States, to de it should submit an estimate in conformity with the law for a termine a possible source of supply of potash, nitrates, and other natural fertilizers, $25,000. deficiency appropriation. If these appropriations were not made so large in this bill, and this department was required occa The CHAIRMAN. The question is on the amendment offered gionally to make a request for appropriations to supply defi by the gentleman from South Carolina [Mr. LEVER]. ciencies when they legitimately exist, we would be able to reach The question was taken, and the amendment was agreed to. some of the unneces~ary places in the department and effect The Clerk read as follows : considerable reform. For the investigation of soils and for indica_ting upon. maps and plats, by coloring or otherwise, the results of such mvestigat10ns, $1u5,000. Mr. LAMB. l\fr. Chairman, this is the lowest appropriation that has been made for several years. Mr. TALCOT'".I: of New York. Mr. Chairman, I offer the fol- Mr. FITZGERALD. It is the only appropriation that has lowing amendment. ever been made for this service. Only one appropriation has The CHAIRMAN. The Clerk will report the amendment. been made for this work. Last year there was an appropria The Clerk read as follows : Page 54 line 13 strike out the words " one hundred and fifty-five tion of $12 500, of which $2,500 was made immediately axailable, thousand,.' and insert the words "one hundred and sixty-five thousand." for the baiance of that fiscal year. T·hey had $10,000 for this The CHAIRMAN. The question is on agreeing to the amend fiscal year. Now it appears that they need $15,000 for next ment offered by the gentleman from New York [Mr. TALCOTT]. year, and they would like to haye $10,000 for the balai:ice of this The question was taken, and the amendment was agreed to. year. I do not know what the prospects of final action on the l\fr. TILSON. l\Ir. Chairman, I mo~e to strike out the last agricultural bill are; but judging from some things that men word for the purpose of asking the gentleman in charge of the who have been here for some time can judge by, in connection bill why the proviso which was included in the act of last with appropriation bills, it does not appear that many appro year, "Providecl, That no more than 10 per cent of this sum priation bills are likely to become law until just about the ter should be expended in any one State," was left out of the mination of this fiscal year. Whether this is an important present bill? work or not, there is something else just as important, and that l\Ir. LAUB. That is in the permanent law. is to have the Department of Agriculture just occasionally-just l\Ir. TILSON. It is not permanent law in the proviso as car- for a change, just to have it keep informed of the law, that ried last year. . such laws do exist-transmit some estimates in compliance Mr. LAMB. The provision in. last year's bill, "That not more with the law. As far as I am concerned, I shall do my best to than 10 per cent of this sum shall be expended in an! one prevent deficiency appropriations being carried in the agricul- State," has also been omitted at the request of the chief of tural appropriation bill. - bureau. Mr. LEVER. Mr. Chairman, will the gentleman yield for a The demand for soil-survey work is growing rapidly and is moment? becoming more insistent. The demand · comes from State Mr. FITZGERALD. Certainly. legislatures which are appropriating, or propose to appropriate, Mr. LEVER I am informed by officials of the department money to cooperate with and support the soil surv~ys throu.gh that the $10,000 asked to be made immediately availabl~ is to be various State agencies; from Federal bureaus which reqmre used in mapping the kelp beds of the Pacific coast, m order soil surveys as a basis for the best prosecution of their own that they may indicate to private individuals the location _o_f projects; and .from municipal organizations, boards of trade, the most productive and workable ones that have been dis and prominent citizens in different parts of the country. Ap covered under the in-vestigations carried in this item; and I proximately $45,000 of the present a~prop_riation is spent ~n want o say to my friend from New York that he can not realize nually in reconnoissance surveys, mamly m the Great Plams the importance I am afraid, coming from a city district, of dis covering some ~aluable source of potash control in this country region, and of the remaining ~100,000 fo~· detailed surv~ys approximately $55,000 is spent .m. cooperative States, ~eav~ng by the American people. a balance of $45,000 for the remammg 36 States and Terr1tor1es. l\fr. F'.rTZGERALD. Mr. Chairman, let me suggest to the It is considered that $10,000 additional should be appropriated gentleman from South Carolina that the mere fact that people for the small distribution of surveys outside of those States. live in a city does not make them so absolutely ?-ense that the~ are unable to appreciate anything whatever relatmg to the agri 1\fr. TILSON. My question was why the limitation was culture of the country. Some of the greatest agriculturists in removed. Mr. LAl\IB. I have given you the reason. It was because the . our country live in the great cities. _ Mr. LEVER. The gentleman from New York does not know bureau asked for it, and I gave you the reason why they asked the difference between oats and wheat until they get in the for it. head, and I dare him to deny it. Mr. TILSON. It is their purpose, if one State is willing to Mr. FITZGERALD. Perhaps I have sown as many of both cooperate to a greater extent than another, to expend more as has the gentleman from South Carolina. than 10 per cent in one State? 1\fr. LEVER. Yes; but the gentleman has sown them when Mr. LAMB. Yes. ·they had been gathered. [Laughter.] The Clerk read as follows: For general administrative expenses connected with the above 1\lr. FITZGERALD. I have seen more grown than the gen mentioned lines of investigation, 4,280. tleman has in his State. Mr. LEVER. l\Ir. Chairman, I ask for a ruling on the point Mr. FITZGERALD. Mr. Chairman, I move to strike out the of order. paragraph. . . ,, .. The CH.A.lRMAN. The Chair will ask the gentleman from On page 53, beginning "General expenses, Bureau of Soils, New York to state the point of order. the language of the bill is as follows : General expenses Bureau of Soils: For all necessary expenses con Mr. FITZGERALD. l\fr. Chairman, it is a defici~nc:y app_ro nected with the in~estlgation nnd experiments hereinafter ~uthorized, priation, and the Committee on Agriculture has no Jurisdiction including the employment of investigator , local and special agents, over deficiency appropriations. It makes a part of the appro- assistants, experts, clerks, draftsmen, and labor in the city of Wash- UH2. CONGRESSIONAL RECORD-· HOUSE. 3169 ington and elsewhere; official traveling expenses, materials, tools, instru for expense$ such as is carried in this item to which he makes ments, apparatus, repairs to apparatus, chemicals, furniture, office fixtures, stationery, gas, electric current, telegraph and telephone serv objection? ice, express and freight charg ~ s. rent outside of the District of Co- In other words, what I mean to bring out is this, that in lumbia, and for all other necessary supplies and expenses, as follows : . the items to which the gentleman refers-for _the chemical in nen there are five or six paragraphs, authorizing certain vestigation of soil types-the language of the law requires that lines of investigation and appropriating money ·for the purpose. this appropriation shall be ased for this particular purpose. And out of each one of the specific appropriations can be paid Now, then, on the other proposition the nmcunt of $4,000, or expenses of the character which I have read. The total appro whatever it is, must be used for admip.istrat.1.ve expenses, wllich printions of these various paragraphs is $236,600. cau not be paid, undeL· the very language used in the bill, from It can not be possible that any line of expenditure could have the i terns preceding that. l>een overlooked in the language incorporated on· page 53. This l\fr. FI'l'ZGERALD. After they have paid the general ad is what is sometimes referred to in some of the departments as ministrative expenses of the Bureau of Soils connected with a "slush fund." the specific investigations they are authorized to make there 1\fr. LAMB. There is no "slush fund" in this bill . are no general adl:µinistrative expenses. That will be very .l\Ir. FITZGERALD. I am going to define what they call it readily discovered. in the departments. l\fr. LA.MB. There are little items that will have to be paid '!'bey have ev-ery conceivable ,'luthority for the expenditure of with this amount of $4,000. money out of the specific appropriations. Lest ·perchance the l\fr. FITZGERALD. Wha.t are they? ingenuity of man has overlooked something, they put in a little 1\fr. LAMB. The gentleman from South Carolina mentioned additional appropriation, so that by any possibility they might them just now. not be hampered in expeudiimes. 1\Ir. LEVER. Items of telephones, and lights, and many little .l\Ir. LEVER. The gentleman will recognize and admit that things. this language has been in the bill ever since the committee Mr. FITZGERALD. They may all be paid out of these adopted the plan· of dividing up and segregating these various other items. lump-sum appropriations? Mr. LEVER. That may be, but the committee has no infor Mr. FITZGERALD. This particular paragraph has been. mation upon that point and no testimony to that effect. But it is made available for the same purposes as the specific 1\lr. LAMB. The vouchers will show. appropriations enumerate. 1\Ir. FITZGERALD. Of course the vouchers must show in l\Ir. LEVER. The language that the gentleman re~d a mo order to be charged up against these appropriations; but this ment ago has not been changed in the bill at all. It has been provision has already made available the appropriations for carried from year to year. those services and for expenses. Mr. E ITZGERALD. Oh, yes; there is much additional. Mr. LA1\fB. If the money is not used, it will be turned back "Telegraph and telephone service, express and freight charges, into the Treasury. rent outside of the District of Columbia, and for all other neces l\Ir. FITZGERALD: That is no excuse. On that theory you sary supplies and expenses," and that which follo.ws, are in the could appropriate a million dollars-on the theory that if they bill for the first time, and make each of these specific appro did not use any more than $4,000 the remainder would be priations a.v-aila.ble for every conceivable expense in the conduct turned back into the Treasury. of the investigation. .l\Ir. LEVER. This discussion all shows how poorly a lot of By the incorporation of the language on page 5~, to which I ordinary farmers like the chairman and myself are fitted to hav-e called attention, all of the $236,000 appropriated for these cope with the s1n·ewd Irish wit of the gentleman from Brooklyn. investigations is made available for general adL _uistrative [Laughter.] purposes. Mr. FITZGERALD. I assumed that the gentleman in using Mr. LEVER. This is the suggestion, as the gentleman must this language had inadvertently continued this particular para- see by reading the segregated items as they appear following graph iu the bill. . . the general-expense items. For chemical investigation of the l\Ir. l!'OWLER. Not as much is appropriated this year as was soil, for instance, so many dollars; for physical investigation appropriated last year for administrative expenses. of the important properties of the soil, so many dollars; for l\fr. HAWLEY. l\foy I say to the gentleman from New York soil-fertility investigation, so many dollars; for investigation that all these items for investigations are intended for purely 0 with reference to the potash supply, so many dollars; investi scientific work? gation of soils and for indicating upon maps and plats, by color Mr. FITZG.ERALD. What is purely scientific work? In ing or otherwi e, so many dollars. such investigations there will be incurred traYeling expenses And then following that: and electric-light service and telegrams and other matters. All For general administrative expenses connected with the above-men is not paid in salaries to these experts. tioned lines of investigations, $4,280. Mr. LAMB. Mr. Chairman, let me ask the gentleman what These other little things that must nece arily come up in the he would substitYte for the term "general expenses"? What adminish·ation of these other items are carried in this item would the gentleman suggest? by direction of this Congress by reason of the suggestions the Mr. FITZGERALD. 1\iy own opinion is that the gentleman committee received upon the floor of the House sev-eral years should either strike it out or put in a provision to the effect ago, as tbe gentleman will remember. that these other items should not be available for these services Mr. FITZGERALD. Does it :r;tot seem apparent to the gentle and charges. man from the way in which this bill is now prepared that out l\Ir. LAMB. The gentleman does not make a point of order of this item for soil types, amounting to $18,135, there can be against it. paid in connection with such investigations every conceivable Mr. FITZGERALD. Oh, I can not make a point of order form of service enumerated in that first language? . against it. I have moved to strike it out. l\Ir. LEVER. That is very true perhaps; and yet, for admin The CHAIRMAN. The pending amendment is the amendment istrativ-e purposes, and in order that the Congress may be in offered by the gentleman from New York [Mr. FITZGERALD]. formed exactly as to how this money is being expended, a·n of The question is on agreeing to that amendment. __J these expenses for administrati\e purposes have been combined The question was taken, and the amendment was rejected. and united into one item, which we think is good economy and Mr. CULLOP. Mr. Chairman, I would like to ask the chair good administration. man of the committe~ a question, and for that purpose I move · Mr. FITZGERALD. It would be if none of these other ap to strike out the last word. Under the provisions of this act, propriations could be expended for that purpose. how are these investigations conducted? Mr. LAMB. Let me say to the gentleman right there that 1\Ir. LAl\IB. I did not catch the gentleman's question. each one of the e accounts is set off by the accountant of the 1\fr. CULLOP. I say, in the various investigations provided department. He keeps a debit and credit account of the ex for here, how are they conducted? Are they conducted by men penditures under each of these items, and he will give a voucher going out from the department here or tllrough the several for the expenditures. · agricultural colleges of the different States? Mr. FITZGERALD. That is not the point I am making. 1\Ir. LA.MB. The soil smTeys are made by soil parties, who 1\fr. LA.MB. I mention that to show that there will be no go out into the various States and make these physical suneys. "slush 'fund" about this. l\lr. CULLOP. Do they go out from the department here in Mr. JnTZGEHALD. Well, it is. Washington? Mr. LEVER. Is it true that the gentleman argues, as, for Mr. LAl\fB. Yes. . ~nsta.nce, in this first item for chemical inv-estigation of soil l\fr. CULLOP. Then, Mr. Chairman, I wish to offer the fol· types, soil composition, and so on, there can be paid any amount lowing amendment as a new paragraph. 3170 CONGRESSIONAL' RECORD-HOUSE .. _MARCH Il, The OHAIRl\lAN. The Olerk will report the amendment boll weevil or how much to the ticks, but I wlll say thn.f we offered by the gentleman from Indiana [Mr. OULLOP]. had on our economy caps and were ma.king reductions as far · The Olerk read as follows : as we could, and we reduced this amount, thinking the investi That under the several amounts u1;1propriated for the various investi gation had proceeded to a point where we could retrench a gations n a med for the Bure u of Soils the same shall be conducted by little. the a 0 -ricultural colleges of the several State , hich work shall be per formed in each State under the direction of the agricultural college of Mr. MANN. What kind of ticks do they study? such State. l\fr. LAl\ID. They study the life history of the ticks. l\fr. LAMB. I m0ake the point of order against that. .1\fr. 1\l.ANN. Is this the cattle tick? Mr. OULLOP. I would like the gentleman to reserve it for a l\lr. LA.MB. Yes. moment. Mr. MANN. Oan the gentleman tell us how much of this Mr. LAMB. Oh, there is no use in discussing a matter of appropriation is devoted to that study? that kind, my friend. [Laughter.] l\Ir. LAMB. I am very happy to be able to give the gentle l\lr. OULLOP. I think there is, when you are expending the man detailed information as to the exact amounts which ha-re people's money in this way. been devoted to these various subjects: Mr. LAMB. I can not see it. '.rhe gentleman knows as well Boll-weevil investigations------$23, 000 Tick life history investiga tions and study of transmission of as hnybody that his amendment is subject to a point of order. pellagra------7, 167 If the gentleman were in the chair and were called upon to rule Tob.u~co-insect investigations in •.rennessee, Kentucky and Vir- on the question he would laugh. [.Laughter.] ginia~------7,000 The OHAIRl\IAN. The Ohair is r eady to rule. The point of Sug ar-ca~e ill.sect investigations and the investigation of the Argentme anL------5, 000 order is sustained. The Olerk will read. Cotton red spider in South Carolina______2, 500 The Olerk read as follows: Rice-insect investigations in Louisiana and Texas______2, 500 For investigations of insects affecting southern field crops, includlng the cotton boll weevil and other insects injurious to cotton, insects af Total------~ ------47, 167 fecting tobacco, rice, and sugar cane, the Argentine ant, and life-history Mr. MANN. Where does the tick come in? studies of ticks, $35,000. . l\Ir. FOWLER. That was the second item. i\fr. WIOKLIFFE. Mr. Ohairma.n, I desire to offer an amend l\Ir. LAMB. I read that.- ment. Tick life history investigations and study of transmission of pellagra, The OHAIRMAN. 'Ihe gentleJllan from Louisiana [l\Ir. $7,167. WICKLIFFE] offers an amendment, which the Olerk will report. Afr. MANN. Does that refer to the tick th.at causes Texas The Olerk read as follows : fever in cattle? On page 56, line 19, strike out the words " t hirty-five thousand dol Mr. LAMB. Yes. lars" and insert the words "forty-seven thousand one hundred and Mr. MANN. The life history of that tick is as well known sixty dollars." · as the life history of anything that can be imagined, and the l\fr. WIOKLIFFE. Mr. Ohairman, the object of this amend Bureau of Animal Industry is expending large sums of money ment is to make the appropriation the s·:une as it was in the in driving that tick out of existence, an over the South, by preceding bill and to carry the amount that the Department of taking a locality where they dip the cattle for the tick, or use Agriculture thought was necessary for this work. The de some other methods of getting rid of the tick, and quarantining, crease contained in the present measure below the amount of until they have gotten rid of the tick in large portions of the the former law amounts to $12,160, so that the adoption of this South. Do I understand that this bureau is now engaged in amendment means only the addition of that amount. studying the life history of this tick? l\fr. HAWLEY. Mr. Ohairman, will the gentleman yield? Mr. LEVER. Yes. The OHAIR~fAN. Does the gentleman from Louisiana yield l\fr. LAl\IB. The other bmeau to which the gentleman re to the gentleman from Oregon? ferred is engaged in the warfare against the tick by quaran Mr. WICKLIFFE. Oertainly. tining, and this is for the study of the life history of the tick. Mr. HAWLEY. Was any part of this $12,160 reduction due l\fr. MANN. They discovered enough about the life history to the transfer of money to the lump sum? of this tick long ago to find out how to get rid of it by the .1\Ir. WICKLIFFE. No; it was reduced simply and solely in methods they use, and they have found out that the only way the interests of economy. really to get rid of it is to end its existence. Now, Mr. Ohairman, this money is actually needed in this Mr. LEVER. The gentleman and I are rather together on work. The Bureau of Entomology is doing a great work in the this proposition-- • elimination of the cotton-boll weevil. The main object I have Mr. .MANN. It is perfectly silly to go ahead with this study. in offering the amendment is on behalf of th.at work with ref Mr. LEVER. Except that I think he is wrong in hi pre erence to the boll weevil. Unless this amendment is adopted I mises, and I am right in mine. am reliably informed that the work that is outlined for the com Mr. 1\1.ANN. I freely concede that the gentleman may be ing year can not be carried on as intended. right, but what are the gentleman's premises? Those who are interested in the matter of the elimination of .1\fr. LEVER. In '1e first place, the study of the life hi tory the cotton-boll weevil should be greatly interested in this of the tick is a rather important proposition, and we never can amendment, because the Bureau of Entomology studies the life reach the end of the study of the life history of any proposition. history of the boll weevil, the scientific end of the subject, the Mr. MANN. We can if we can reach an end of the thing habits of the insect, and so forth. It is true that the Bureau it8elf. We are now engaged in trying to end the tick. of Plant Industry carries the main appropriation with refer :Mr. LEVER. Because as the tick changes his habitat neces- ence to this matter, to wit, the demonstration work in the sarily his life history changes. · field. But in order that the House may clearly understand the Mr. MANN. Oh, no. differen~e. I might state thn.t the Bureau of Entomology, the l\fr. LEVER. Not only that, but we are mnk"ing strenuous appropriations for which we are now considering, studies the efforts to find some new pa.rnsite which will eradicate this tick scientific end of the matter with relation to the insect, its life without the enormous expenditur'e of a couple of hundred thou and habits and history, and so forth; also the parasites which sand dollars a year by the department. may be of benefit in exterminating it; and that bureau carries l\Ir . .MANN. We might as well try to put out a fire in the on these experiments not only in Washington but also in the regions below. The life of the tick ends when it comes north, field, as it were, studying the weevil and its habits at close and then its life history ceases. They have discoYered enough ran~e. about it to know that the only way to get rid of it is to quar· It o-ives the benefit of that study to the Bureau of Plant antine a locality and kill off the ticks in that locality. Industry, and the Bureau of Plant Industry in turn demon l\Ir. LEVER. That is the only remedy so far fOlmd. sh·ates the practical side of the matter by giving it to the Mr. MANN. We will be rid of the ticks before they learn any farmer in a practical way. Therefore, I submit that this is other way. one of the most important appropriations, so far as the cotton Mr. LEVER. Science never stops progressing, as the gentle section of our country is concerned, and I ask every Member man knows. of the House who is interested in the matter of cotton culture .1\Ir. MANN. They haYe been studying this subject eyer since to gi\e his favorable consideration to this item. I was a boy. There is nothing remarkable about the Texas .1\fr. J~IB. .1\Ir. Ohairman, I simply want to say that th-e fever. The ticks are as thick as the lea.Yes on the trees, and committee felt there ought to be a reduction a1ong these lines their life history is perfectly well known, . and they know tllat of investigation in the experimental part of. this boll-weevil the only way to dispose of them is to put something on the cuttle business, because there must be some. point where these investi that have them, to kill the ticks, and then to prerent tick gations will end, and they thought that to cut this item $12.000 infested cattle from coming in from some other place. would not cripple the department in its warfare against the Mr. LEVER. It is admitted th.at this is the only remedy now boll weevil and the ticks. I do not know how much goes to the known by which they can be'put out of business. 1912. CONGRESSIONAL RECORD- HOUSE. 3171 .Mr. UANN. They have been put-out of business in a large about $900,000. The energies of the investigations of these insects have been directed toward finding some insecticide that could be applied share of the South, I am glad to say. with safety to the tobacco. As a result of three years of investigation Mr. BYRNS of 'l'ennessee. Mr. Chairman, I do not intend to a grade of arsenate of lead has been found that will kill the tobacco detain the committee more than a moment. I hope this amend worms without injuring the tobacco. Paris-green burns alone last year caused a loss in some fields of from $8 to $10 per acre. Two ment will be adopted. In my judgment, there is no appropria years' tests have demonstrated that arsenate of lead can be applied tion in this bill which will do the farmers of the South more with impunity to the tobacco plant in any stage of growth. It requires good than this one, taking into consideration the small amount some considerable care and skill to apply the arsenate of lead properly, and it is expected that these directions will be given in person to the allowed. I think I speak with some degree of accuracy, be growers in the nature of a demonstration as time permits. cause I have personal knowledge of some of the benefits derived I should add that the cost of keeping an acre of tobacco free of from this appropriation. For two or three years a portion of worms by the use of arsenate of lead should not exceed three or four dollars. By the present method of fighting tobacco worms the cost per the appropriation has been used in what is known as the Clarks acre in a year when the worms are very numerous is at least $10 per ville and Hopkinsville tobacco district for the purpose of inves- acre. Therefore by the use of arsenate of lead the saving would be $6 tigating injuriol1s tobacco insects. • per acre. ln the Clarksville and Hopkinsville districts alone this would amount to more than half a million dollars. The two principal insects which injure tobacco are the flea Practically all of the benefits to be derived by the tobacco growers beetle and the hoI"nworm. In 1907 there was an unprecedented as the result of the above investigations will be entirely lost if the outbreak of the flea beetle in the Clarksville and Hopkinsville work is discontinued at this stage. Large-scale, practical demonstra tional work is now absolutely necessary in order to enable the growers to tobacco district, and it is estimated that the tobacco farmers in derive proper benefit from these investigations. _ the Clarksville and Hopkinsville district suffered a loss of Very respectfully, A. C. 1\!oRG.A..l~, $2,000,000 in that year from the outbreak of the flea bee~e. Entomological Assi.stant. As a result of investigations that have been made in that dis The CHAIRMAN. The question is on the amendment of the trict in the vicinity of the city of Clarksville for the last two gentleman from Louisiana [Mr. WICKLIFFE]. or three years it is thought a new remedy has been found which The question being taken, and the amendment was agreed to. will prevent any such outbreak in the future. The Clerk read as follows : The particular work in that district has been with reference For investigations of insects affecting truck crops, stored grains, and to the hornworm. This worm often becomes so numerous dur other stored products, $19,700. ing the season that at times the farmers a.re unable to secure labor with which to " hand worm " their tobacco, and it has been ·Mr. BARNHART. Mr. Chairman, I move to strike out "nine- necessary in the past to use Paris green. As you know, Paris teen" in line 23, page 56, and to insert "twenty-four." - green frequently burns the tobacco leaves, and the department The CHAIRMAN. The Clerk will report the amendment. has been making an investigation for the past three years for The Clerk read as follows : the purpose of discovering some other insecticide which would Amend, page 56, line 23, by striking out the word " nineteen" and take the place of Paris green. It has discovered that a certain inserting the word "twenty-four." quality of arsenate of lead will serve the purpose and prove a Mr. BARNHART. .l\Ir. Chairman, the purpose of this amend- _ •ery cheap and efficient remedy. They are now in a position ment is to take care-of a new and rapidly developing industry where they must do some demonstration work, because the ar in northern Indiana. However, it was submitted to the com senate of lead requires some skill in administering it, and if mittee too late for consideration before reporting the bill, this appropriation is cut off I understand that possibly they through lack of knowledge both on the part of the community will not be able to do the necessary demonstration work in that and the representatives thereof that the onion thrip was being particular district, and the results of these investigations which scientifically fought by the Department of Agriculture in other have been made for the last two or three years will be lost to localities without interested citizens bearing the expense of the farmers, losing to the people thousands of dollars a year on such experts as they have been doing in Indiana. _ account of the injury done by the hornworm. For some years the onion industry in northern Indiana has I called upon the department for some information with ref been growing by rapid strides. Five years ago there were about erence to the work they have been doing in the tobacco district, 300 acres in cultivation. Last year there was something like and I have received this reply. It is so full and clear as to the 6,000 acres in cultivation, and the crop produced was from four work being done that I ask permission to insert it in the RECORD to seven hundred bushels per acre; but the onion thrips have as a part of my remarks. - come as a pest, and the people of the locality, for the last two The CHAIRMAN. The gentleman from Tennessee asks per years, ha\e asked the Department of Agriculture to give assist mission to insert a letter in the RECORD. Is there objection? ance in checking the ravages. The department has each season There was no objection. · sent a man, but the community has been asked to pay all of his The letter referred to is as follows : expenses. Dr. Chittenden, of the bureau in charge of truck UNITED STATES DEPA.RTMENT OF AGRICULTURE, BUREAU OF ENTOMOLOGY, crop and stowed-product insects, says that field stations for Washington, D. 0., Februm·y 15, 191B. fighting the onion thrip are being maintained at Brownsville, Hon. J. W. BYRNS, Tex. ; Norfolk, Va. ; Rocky Ford, Colo. ; Sacramento, Cal. ; Cam House of Representati1:es. DEAn Srn: In accordance wlth directions from Dr. L. 0. Howard, den, Cal.; and Jessop, Md., six statio~s in all. I desire to sub Chief of the Bureau of Entomology. I am writlng you a statement in mit that we are almost a thousand mlles from any one of these re12ard to the tobacco-insect work a~ Clarksville, Tenn., concer!J.ing which investigation points, and of course the department can not afford inrormation was requested by you m your letter of the 13th rnstant. The principal inJurious tobacco insects in Tennessee and Kentucky to transfer its field men back and forth to us, and so we ask are the tobacco flea beetle and the tobacco hornworms. As a result o( an increase in appropriation that we may have full benefit of the unprecedented outbreak of the flea beetle in the spring of ~907 the regular service. The result of our lack of full service has been, tobacco crop in these States was reduced very greatly, entailing an estimated loss of at least $2,000,000. As a result of the investigations it is estimated by persons who know, that our losses in northern carried on at Clarksville a very cheap and efficient remedy for these Indiana last year on account of the ravages of this pest insects has been found which should prevent the recurrence of the amounted to $100,000. As I said, this bill was made up oefore damage inflicted in 1907. The work at Clarksville has been principally confined to the most I knew all of these facts, and I am asking the committee that injurious of these insects, which are the tobacco horn worms. Until the previously fi.'1:ed appropriation be increased $5,000, for the the present this work has largely been of an investigational nature. It reason that the Agricultural Department says that this amount has now, however, arrived at the stage for demonstratlonal work. Briefly the results obtained are as follows: It has been found that In would make it possible to locate an entomologist in this north stiff and clayey soils fall or winter plowing will almost exterminate ern Indiana field, and keep him there during the season. the overwintering- stage of the tobacco worm, which passes . the winter l\fr. Chairman, I want to say further in explanation that the in a cell a few inches below the surface of the ground. This has led to the recommendation in Circular No. 123 of this bureau to plow in onion, as such, and I are not on familiar terms, and it is quite the fall all land that was in tobacco during that year in preparation probable we will continue to keep out of each other's immediate for the succeeding crop. Unfortunately, however, the tobacco wor·ms feed upon certain wild plants, and many of them thus pass the winter presence for all time; but I hope it may ne>er be rnid of me in protected places, so that fall plowing at best can only be a partial that I am lacking in liberality to any legitimate industry or in remedy. The tobacco worms, therefore, must be fought largely in the gallantry to the fair sex, and therefore I am in fayor of :furnish tobacco field. Paris green has been and is largely used to combat these worms in the field. By reason of a certain percentage of free or water ing any reasonable possibility that the onion inclu try may be soluble arsenic that is contained in all Paris greens very great damage promoted, that our wi\es and daughters and sisters may indulge ls frequently done to tobacco by burning of the leaves. When worms their appetities and tastes in onions, worlds without end. [Ap become numerous tobacco growers are forced to use Paris green to com bat them, because they can not secure the labor to "band worm " the plause.] I hope the amendment will prevail. tobacco. Fearing, however, the damage which might result from burn Mr. LAl\.IB. l\lr. Chairman, we asked-the chief of the bureau ing of the tobacco, they delay the application of the Paris green until some questions in respect to this matter, and I will read from forced to apply it by the overwhelmmg numbers of the worms. When the Pat·is green is finally applied the worms have already done con his testimony : siderable damage to the tobacco. Last year the damage by tobacco Dr. HOWARD. We have stations in many different parts of the coun werms in the vicinity of Clarksville varied from 3 or 4 per cent to try, Mr. Chairman, where exper·t men are studying the differen'7e in the 1() to 15 per cent. 'l'he average loss was not less than $12 per acr·e; various insects according to climate, and nil that sort of Unng, and a very conservative estimate would place the loss at $10 per acre. In experimenting with new remedies on a large scale in the field. One of the Clarksville and Hopkinsville districts alone the total loss was . the most important bits of work they are doing is on the onion thrips. • 2172 OONGRESSION AL -RECORD-HOUSE. MARCH 11, ·trhey began that out at Laredo, where many Texas people have gone Jn.to onion growing, as "Mr. JlElALL knows, and where they have had con ~r. FITZGERALD. Mr. Chairman. I just wish to speak sider:.tble trouble with the thrips. b;1e:fly. Some.thing that the gentleman from California [Mr. We found out from .that that ·this appropriation was being KAH~] sa_id has made a very deep impression upon me; that is, that if thIB fly ever :goes into California it w:i:ll take millions to devoted to this onion work. eradicate it instead of a few-thousand dollars. Judging from the Mr. FOWLER. And the committee increased it $500 over that ·of last year. eA""Perience of the United States with the flea that affects the The CHAIRMAN. The question is on the amendment offered rat that resu1ts in the bubonic plague I am inclined to think that. 'he is couect. My attention was called to the language by the gentleman from Indiana. providing for this investigation, to be conducted in the Hawaiian The question was taken, and the amendment was rejected. Is~an Mr. FITZGERALD. Still investigating agricultural condi that no matter how well qualified he might have been as an tions, and having passed from this particular place, we find employee in a legislative body he had none of the qualifications this: that fitted him as a representative of the Department of Agri· In the clubrooms at Silay I noticed a number of good paintings, the culture in such an investigation. work of a native artist named Pedro Respow. This man showed Mr. MANN. The commission that authorized him, under the marked ability. I tried to induce his friends to send to the St. L<>uis Exposition an allegorical work of his which deserves mention. It circumstances, to see what was going on and study the work represented Columbia, whose. falling robes were the Stars and Stripes. of agriculture over there was proper. I would be perfectly She was standing with one hand pointing to the rising sun while her willing to issue a commission of that sort to the gentleman other arm was around the waist of a timid Filipino woman dressed in native costume. At one side was another native woman also looking from New York, wno has lived in the city of Brooklyn all of at the rising sun, while a little in advance of these a third -Visayan his life, and probably would not know a farm if he saw it, woman had turned and With a look of encouragement on her face had but I would trust his acumen and judgment to get valuable beckoned her sisters to follow. The face of only this one woman was visible, as the rest were looking away. The proportionate size of and accurate information, either in the Philippine Islands or American and Visayan was carefully followed, as were the conditions the United States if he were traveling around. And often I of the costumes. No better evidence of the feeling of these peaceful have availed myself of the privilege to hear him discuss mat· agricultural people of Negros toward our Government could be found than this simple yainting in the clubroom of the native hacienderos ters concerning which he was not informed in advance and of the island of Negros. which he had studied at the time and about which he knew And so deep an impression did this visit to these clubrooms something. Now, he has brought before the House this subject make upon the minister or envoy of the Department of Agricul and is endeavoring to criticize it on the ground that the gen· ture that he felt it necessary to set it forth at length in this tleman who wrote it knew nothing about agriculture. What most interesting, if worthless, report. does the gentleman from New York know about agriculture?' Mr. Chairman, there are many other passages, for instance, How does he know that Mr. Stewart was not a tllorough agri~ to illustrate, the peculiar conditions in agriculture that exist culturist? in the Philippine Islands which may be of special ad'\rantage l\Ir. FITZGERALD. I know the description of a quarrel to some of those engaged in agriculture in this country. For over a game of monte. The gentleman may be familiar with instance: that game. He seems to know everything. Two a.musing incidents happened on the trip from Bago to where Mr. MANN. I have seen some Brooklyn fellows that played. we camped for the night, which well illustrate a superstition on the l\Ir. FITZGERALD. The game of monte might be very detri· one hand and their want of feeling on the other. mental to the rural communities of this country. T~e report Going a.long the road we ob efved a native plowing with a native plow by the use of a carabao, and I stopped the team in order to take contains no information of value of any kind whatever, and the his picture. Ile did not observe me until I was within 20 feet of him, mere printing of it was a waste of money. but when he did he gave one exclamation of terror and ran precipitously l\1r. l\IANN. I would say it was very important to know for the nearest cane field, giving no heed to the call of my driver, who tried to reassure him, evidently taking my camera for a new kind of whether on board a -vessel going from one island to another the machine gun. It turned out afterwards that in describing it to Senor men who were in charge of the vessel sat down and played Arineta my driver stated that he had gone to lay down through fear. monte, that the engineer in charge came up and talked with The other incident was 1n crossing the Bago River ; our bullock lay down and refused to go upon the raft. After using e-very means to the women, and the man at the wheel went to sleep. I think make him get up the native cooly built a fire on his back, which, of it is very important to know the class of people there and how. course, had the desired effect. they manage their business in the interests of agriculture out· Assuredly this incident will be of special value to agricul side of Brooklyn. It would not be important within the city of turists in this country. Whenever they come to a small stream Brooklyn or in the limits of Chicago. across which they will have difficulty in driving cattle, all that Mr. FITZGERALD. I suppose that is about the best possible it will be necessary for them to remember is that by building defense that could be made of such a commission or such a: a fire upon the backs of their cattle they will quickly obtain report. The gentleman on his own experimental farm may, the desired results. [Laughter.] perhaps, be able to apply the information he has received about l\Ir. Chairman, there are some passages in this book to which this quarrel over a game of monte or the advantages of trans~ I should prefer to call the attention of the Members privately. porting to Chicago or St. Louis this allegorical picture that was I would not desire to give them too great publicity. It does dreamed over in the club rooms at Silay, but it would not be seem to me that some of the criticisms that have been mildly of any advantage to any practical agriculturist-- indulged in against the Department of Agriculture are to some Mr. MANN. Like the gentleman from Brooklyn. extent justified by the issuance of commissions such as this, Mr. FITZGERALD. Like the gentleman from Illinois. and the sending of men who confess in their report embarrass Mr. Chairman, I withdraw the point of order. ment because of their unfamiliarity with the languages spoken Mr. LEVER. Mr. Chairman, I suggest that the amendment in the country which they visit, and whose reports consist of which I proposed a moment ago be read for the information o:fl material that would be more appropriate in a narrative of ad the committee. ventures than it is in a report supposedly of a scientific char The CHAIRMAN. The gentleman from South Carolina [Mr-: acter. If we are to start again investigations outside of the LEVER] has offered an amendment, which the Clerk will report• . United States, I deem it wise to call attention to the existence The Clerk read as follows : of this most useful report in the hope that in the expenditure On page 57, line 6, after the word "available," insert the words of the money proposed there will not be a duplication of such "Provided, That no part of this sum shall be used on the Atlantic sea incidents. board." Mr. LAMB. I will respectfully say to the gentleman from Mr. l\IANN. Mr. Chairman, if the amendment has been New York that he is bringing this subject to the attention of the agreed upon I have nothing to say in reference to it, although wrong committee. He ought to either take that into considera it would seem· odd that in order to prevent the introduction of tion in his own committee, which has such a right of way or the l\fediterranean fly into the United States you would prevent else turn it over to the committee investigating the expe~di the expenditure of any money on the Atlantic seaboard and pro tures in the Department of Agriculture. pose to confine it only to the Pacific seaboard. In that connec· 1\Ir. FITZGERALD. Let me say to the gentleman that he tion I would like to ask the gentleman this question, referring was not in charge of the bill or at the head of the Committee to the language, " For investigations of the Mediterranean fly, on Agriculture when this commission was issued. in the United States and its possessions:" Does the gentleman l\Ir. l\IANN. There were no expenditures. think that Hawaii is a possession of the United States? It is a l\Ir. FITZGERALD. I wish it brought to the attention of Territory of the United States. I am not sure whether it is the department. I may discuss it m01·e fully later on. embraced within the term "United States," but I am very sure 1\lr. MANN. I never heard of this before, but I am very it is not embraced within the term "its possessions." It is not glad the gentleman has called it to our attention, because I one of the insular possessions of the United States, like Porto notice, with some surprise, that the committee listened a great Rico or the Philippine Islands. It is a Territory of the United deal more attentively when the gentleman was reading from States. · the document than when he was talking in his own right, which .Mr. LEVER. It should be "Territory" or "possessions." indicates it was very interesting, because the gentleman him l\Ir. MOORE of Pennsylvania. 1\Ir. Chairman, may we have self is always interesting and entertaining. I know "Lon" the amendment read again? Stewart; and I suppose the gentleman knows him well. He The CHAIR1\1AN. The Clerk will again report the amend· used to be Deputy Sergeant at Arms of the Senate and, with ment. out exception, was the brightest man connected with a legis The Clerk read as follows : On page 57, line ti. after the word "available," insert the words lative body as an employee or officer that I have ever seen. "Provided, '!'hat no part of this sum shall be used on the Atlantic sea- He is now over in New 'York practicing law. . board." . l\Ir. FITZGERALD. I am not reflecting on the gentleman. Mr. MOORE of Pennsylvania. Mr. Chairman, this cornea I was just calling the attention of the committee to the fact from the committee, does it? 3174 CONGRESSIONAL RECORD-HOUSE. MARCH 11',. Mr. LEVER. It does. like to know if we shall be prejudiced in this matter. That 1\lr. MOORE of Pennsylvania. Why would you prevent the is . all. expenditure on the Atlantic seaboard of an appropriation for Mr. KAHN. Mr. Chairman, I will say to the gentleman fi·om the in-vestigation of a pest that might infect the Atlantic sea Pennsylvania that he need have no fear on that score. The board? eastern seaboard is in no danger. Vessels are constantly com Mr. LEVER. I would say to my fiiend from Pennsylvania ing from Hawaii to the ports of the Pacific coast, and we have that the California delegation and certain gentlemen on the instances constantly where individuals have brought infected Atlantic seaboard have conferred about this matter, and on fi·uit to our ports, and our inspectors have kept vigilant watch account of the fact that there is no probability of infestation and insisted on the destruction of the fruit when it has come in. through the Atlantic seaboard and some danger that the quar Of course this proposal of amending the item so that the ap antine features of this provision may be da.ngerous they have propriation will not be used except on the Pacific coast comes agreed to this proposition, not from the Pacific coast, but from a gentleman who repre Mr. MOORE of Pennsylvania. But where does the Mediter- sents a constituency on the Atlantic side. It comes only from ranean fly originate? · the Atlantic seaboard. Mr. LEVER. The Mediterranean fly is located now most l\Ir. MOORE of Pennsylvania. Why not leave it out? It largely in the Hawaiian Islands. raises a pernicious question of discrimination. Mr. MOORE of Pennsylvania. You see we have vessels com l\Ir. KAHN. The gentleman from New York [l\Ir. HARRISON] ing into the Atlantic ports from the Pacific. I do not think an insisted that if it remained in he would .make a point of order exception should be made against Atlantic ports. against the entire item, and we felt fearful lest the pest would Mr. MANN. Let us be on the square with the gentleman come to the Pacific coast, and therefore we favored the amend and tell him why it is. [Laughter.] The gentleman from New ment. York [Mr. HARRISON] was afraid that this would make an tmdue Mr. BOWMAN. Mr. Chairman, will the gentleman yield? restriction and impose an onerous burden on the importation of The ·CHAIRMAN. Does the gentleman from Pennsylvania Sicilian lemons, and he objected to its application to the Atlantic [Mr. MooRE l yield to his colleague? seaboard for that reason. I understand there is no likelihood Mr. MOORE of Pennsylvania. Who has the floor, Mr. Chair of the fly coming in in that way, bnt if they did examine vessels man? for the fly at Atlantic ports he would object to it and make a The CHAIRMAN. The gentleman from Pennsylvania [Mr. point of order. MOORE] has the floor. Mr. MOORE of Pennsylvania. I do not want to interfere · Mr. MOORE of Pennsylvania. That is what I thought. with the Pacific coast getting the advantage of this investiga Mr. RAKER. Mr. Chairma.n, I ask unanimous consent that tion, but I do want to give notice that if any such pest should the gentleman from Pennsylvania [Mr. MooRE] may have five arise on the Atlantic seaboard we shall expect equal considera minutes additional. I understand the gentleman's time has tion. expired. Mr. LEYER. There is no question about that. Mr. LAMB. Mr. Chairman, I do not want to ask for a recess, Mr. MOORE of Pennsylvania. These questions ar~ con and I will ask the gentleman to proceed. stantly arising. There ought to be no discrimination in a mat Mr. MOORE of Pennsyl-vania. I want to hasten the business ter of this kind, but I do not want to hold this matter up. before the committee. I understand the pressure that is upon Mr. HAKER. Mr. Chairman, will the gentleman allow an the chairman of the committee [l\fr. LAMB], and I want to aid interruption right there? him all I can. But I want to suggest this to the chairman of The CHAIR1\1AN. Does the gentleman from Pennsylvania the committee: What would be said if we should offer an yield to the gentleman from California? amendment providing for an appropriation to carry on an in Mr. MOORE of Pennsylvania. Yes. vestigation of the bubonic plague and should say that none of Mr. RAKER. From the examination had before the commit that money should be expended on the Pacific seaboard, simply tee it is shown that this pest is in the Hawaiian Islands, and because there has been an invasion of bubonic plague at one there has been some discovered on the Pacific coast. Now, it is port on the Atlantic coast?. Does not the gentleman see the not in the East, and for fear that the item might go out on a unfairness of that proposition? point of order, is it not better to let it go as it is and make sure Mr. LEVER. The gentleman does not seem to take account that the work will be actuaJy done where the ravages of this of the fact that the Mediterranean fly is threatening to come pest occur? I am with the gentleman as against any discrimi into the country, not from the Atlantic seaboard, but from the nation. Pacific seaboard. Mr. MOORE of Pennsylvania. I want the gentlemen on the Mr. MOORE of Pennsylvania. I take it that if a vessel sails Pacific coast to get anything they can that may p~event havoc from the Pacific coast and comes, either around the Horn· or such as the gentleman anticipates there, but it should be borne through the Panama Canal hereafter, it may bring this fly to in mind that vessels are constantly coming from the Pacific the Atlantic coast, which is just as much a menace to us as it coast to the Atlantic coast, and that a pest which may visit the is to the Pacific coast. Pacific coast could be transmitted to the Atlantic coast Mr. LEVER. That would depend on the length of time it l\fr. KAHN. Mr. Chairman, will the gentleman yield? takes to make the trip. Mr. HAYES. Mr. Chairman, although the Mediterranean The CHAIRMAN. Does the gentleman from Pennsylvania fly, by its name, would seem to be infesting Italy, on the Mediter yield to the gentleman from California? ranean Sea, it is not doing so. The fly originated in the island Mr. MOORE of Pennsylvania. Yes. of l\falta, but instead of going to Italy, it has migrated to the Mr. KAHN. The purpose of this investigation is to enable islands of the Pacific, to South Africa, to Australia, and to the Department of Agriculture to send its experts into Hawaii Hawail. Territory, where the fly has made its appearance within the Now, the only danger of infection is from Australia or Ha last two years, and where it has done great havoc. They pro waii. There is· no danger of infection by importation from pose to send an expert to Australia, as I understand, to try to Italy, as I understand it. If there were a.ny danger, I for one find a natural enemy to this fly. It is not contemplated, so far should be just as anxious that the money should be spent upon as I have been able to find out, to spend any of this money on the Atlantic seaboard as upon the Pacific, wherever the fly the Atlantic seaboard in connection with this investigation. might be found, but I see no danger of infection from that There is no fly there. source at the present time. Mr. MOORE of Pennsylvania. The gentleman means on the Mr. l\fOORE of Pennsylvania. What is the amount of the Pacific coast? appropriation? Mr. KAHN. On the Pacific .coast. The investigation is to Mr. HAYES. Thirty-five thousand dollars. If there is dan be made only on the Pacific coast, because that is where the fly is. ger in the future, we can, of course, provide for it in the next There is none on the AtlantiC seaboard, as I understand it. The bill. purpose is to spend all of the appropriation on the Pacific Mr. MOORE of Pennsylvania. While I do not propose to seaboard. offer any further objection to this amendment, it seems to me it Mr. MOORE of Pennsylvania. Mr. Chairman, I move to strike is not good legislation. It is not fair to the country at large, out the last word. and I want in a friendly way to give notice that if any such Mr. HAYES. Mr. Chairman, will the gentleman yield to me pestilence as this should make its appearance along the Atlantic for a moment? seaboard we would come very promptly to the committee to ca 11 Mr. MOORE of Pennsylvania. I will be satisfied to do that its attention to the fact that this discrimination had been ma.de. H my time is extended. This raises an importa.nt question. I Mr. LAMB. If any such thing ·breaks out, you will get as do not want to hold up the course of business here, but I would sistance. , 1912 .. CONGRESSION"AL . REOO.RD-· HOUSE. "3175 l\Ir. l\IOORE of Pennsylvania. If Congress were' in session The SPEAKER. The gentleman from Pennsylvania [:Mr. and the present chairman were in control, we should, but' if MooRE] asks unanimous consent to extend his remarks in the Congre s were not in session, and this pestilence should break RECORD on the subject of the Delaware River, and also on the out in the interim, we would have trouble. · subject of tl:\e Chesapeake & Delaware Canal. Is there objec l\Ir. LA.MB. I ask for a vote. tion? The CHA.IRl\fA.N. The question is on the amendment. There was no objection. The amendment was agreed to. l\Ir. MANN. Mr. Speaker, I ask unanimous consent that my Mr. HA. WLEY. I offer an amendment on page 57, line 5, colleague Mr. RODENBERG have leave to extend his remarks in after the word " its," to insert the words " Territories and," the RECORD on the subject of the Bureau of Chemistry and the so that it will read "United States and its Territories and pos Referee Board. sessions." l\Ir. LEVER. I make the same request. The Chairman. The Clerk will report the amendment. The SPE..A.KER. The gentleman from Illinois [Mr. MANN] The Clerk read as follows: asks unanimous consent that his colleague [l\fr. RovENBERG] Amend, line 5, ~age 57, by inserting, after the word "its," the words have unanimous consent to extend his remarks in the RECORD .. Territories and.' on the subject of the Bureau of Chemistry and the Referee The amendment was agreed to. Board, and the gentleman from South Carolina [Mr. LEVER] Mr. BARNHART. l\Ir. Chairman, I ask unanimous consent makes the same request. Is there objection? to return to the paragraph included in lines 22, 23, and 24, on There was no objection. page 56. Mr. RAKER. :Mr. Speaker, I ask unanimous consent to ex The CHAIRMAN. The gentleman from Indiana asks unani tend my remarks in the REconD on the subject of the Mediter mous consent to return to the paragraph beginning with line ranean :fly. 22, on page 56. Is there objection? The SPEAKER. The gentleman from California asks unani There was no objection. mous consent to extend his remarks in the RECORD on the sub l\fr. EARNHART. l\Ir. Chairman- ject of the Mediterranean fly. Is there objection? Mr. MANN. I think it is time to stop. '!'here was no objection. Mr. BAR1'IJIA.RT. It will take only a moment. l\fr. DYER. l\1r. Speaker, I ask unanimous consent to ex Mr. l\IA.NN. Is this all agreed on? tend my remarks in the RECORD on the subject of the Re.ID.Ben Mr. LAMB. Yes. Board. Mr. BARNHART. I move to amend -line 23 by striking out The SPEA.KIDR. The gentleman f_rom Missouri asks unani the word "nineteen" and inserting the word "twenty-four," mous consent to extend his remarks in the RECORD on the sub- · and striking out the word " seven" and inserting the word ject of the Remsen Iloard. Is there objection? "five," making the amount $24,500. There was no objection. · The CHA.IRM.A.1~. The Clerk will report the amendment. SENATE CONCURRENT RESOLUTION AND BILL REFERRED. · The Clerk read as follows : Under clause 2 of Rule XXIV, Senate concurrent resolution Amend, line 23, :v,age 56, by striking out the word "nineteen" and inserting the word 'twenty-four," and striking out the word "seven" No. 19 and bill of the following title were taken from the and inserting in lieu thereof the word " five.'' Speaker's table and referred to their appropriate committees, The CHA.IRl\IA..L~. The question is on the amendment of the as indicated below : · gentleman from Indiana. Senate concurrent resolution 19. Resolved ov the Senate (the House of Reprcsentativea concurring).1 The amendment was agreed to. That preliminary to such legislation by Congress as may be necessary l\fr. l\IOORE of Pennsylvania. Mr. Chairman, I ask unani to enable the Government of the United States to be properly repre mous consent for leave to extend my remarks in the RECOBD sented on such occasion the Secretary of War be, and he ls hereby, authorized and directed to confer with the Fiftieth Anniversary of the on the subject of the Delaware River, and also upon the subject Battle of Gettysburg Commission of the State of Pennsylvania, and, of the Chesapeake & Delaware .Canal. First. To cause to be made such surveys measurements, and esti Mr. MANN. I hope the gentleman will make that request in mates as will be necessary in regard to providing for a sufficient supply of _good water for the use of those who shall attend the celebration. - the House. Second. To investigate as to the necessary and proper provision re Mr. 1\IOORE of Pennsylvania. Very well. quired to be made for sewerage, sanitation, hospital, and policing during l\fr. FOWLER. Mr. Chairman, on page 57, in line 5, an 811Ch celebration. Third. To estimate upon the tents, camp equipment, supplies, and amendment was offered by the gentleman from Oregon [l\fr. rations that, in his judgment. will be nece ary to properly accommo HAWLEY] which leaves two "ands,'' making it read "the United date and provide for those who shall attend such commemoration, and States and its Territories and possessions." I move to strike to estimate what provision will be neces ary to be made for local trans portation and care of those who may or probably wm participate in out the first word " and " after " States " and to insert a comma such celebration, and to give an estimate of the cost, separately stated, after "States." of the several provisions necessary to be made. The CHAIRMAN. The Clerk will report the amen'tlment. Fourth. To estimate the quantity of camp equipment, such as tents, bedding, and cookin~ outfits, necessary to accommodate the people at '·' The Clerk read as follows,: tending, together with the cost per unit of a suitable ration to be In line 5, page 57, strike out the word "and" and insert after the issued and as to the best method of providing and issuing such rations. word " 8tates " a corrur.a.. Fifth. To prepare a plan of camp arrangement suitable to the occa The amendment was agreed to. sion. Sirth. To report to Congress upon all of these matters within 30 The Clerk read as follows: days after the passage of this resolution- Total for Bureau of Entomology, $624,880. 1\fr. LA.MB. Mr. Chairman, I move that the committee do to the Committee on Military Affairs. now rise. S. 4314. An act granting pensions and increase of pensions to The motion was agreed to. certain soldiers and sailors of the Civil War and certain widows The committee accordingly rose; and the Speaker having re and dependent relatives of such soldiers and sailors; to the sumed the chair, l\fr. BORLAND, Chairman of the Committee of Committee on Invalid Pensions. · the Whole House on the state of the Union, reported that that ADJOURNMENT. committee had had under consideration the bill (H. R. 18960) Mr. LAl\IB. Mr. Speaker, I move that the House do now making appropriations for the Department of Agriculture for adjourn. the fiscal year ending June 30, 1913, and had come to no reso- The motion was agreed to; accordingly (at 5 o'clock and 45 . lution thereon. minutes p. m.) the House adjourned until to-morrow, Tuesday, LEAVE OF ABSENCE. March 12, 1912, at 12 o'clock noon. .: By unanimous consent, leave of absence was granted- . To Mr. CLARK of Florida, indefinitely, on account of impor tant business. EXEOUTIVE COMMUNICATIONS. To l\fr. THAYER, for 10 days, on account of important business. Under clause 2 of Rule XXIV, executive communications were LEAVE TO EXTEND REMARKS. taken from the Speaker's table and referred as follows: Mr. MOORE of Pennsylvania. l\Ir. Speaker, I ask unanimous 1. A. letter from the Secretary of the Treasury, transmitting consent to extend my remarks in the RECORD on the subject of a detailed statement of the refunds of custom duties for the the Delaware River, and also on the subject of the Chesapeake fiscal year ending June 30, 1911 (H. Doc. No. 610) ; to the Com & Delaware Canal. mittee on Ways and Means and ordered to be printed. l\fr. FOSTER of Illinois. l\fr. Speaker, I do not desire to ob 2. A. letter from the Acting Secretary of Commerce and Labor, ject. Has this anything to do with the eontroversy between transmitting special agent's report on cotton goods in Italy (H. the gentleman and-- Doc. No. 611); to the Committee on Interstate and Foreign Com Mr. MOORE of Pennsylvania. Nothing whatever. merce and ordered to be printed. ' 3176 CONGRESSIONAL RECORD-HOUSE . . J\URCH 11, llEPORTS OF CO:l\ll!ITTEES ON PUBLIC BILLS AND chapter 18 of subchapter 15 of the Code of Law for the District RESOLUTIONS. of Columbia; to the Committee on the District of Columbia. Under clause 2 of Rule XIII, bills and resolutions were sev 4.lso (by request of the United States attorney for the Dis erally reported from committees, delivered to the Clerk, and trict of Columbia), a bill (H. R. 21714) to amend section 8511.J referred to the several calendars therein named, as follows: of chapter 19 of subchapter 2 of the Code of Law for the l\Ir. ALEXANDER, from the Committee on the Merchant District of Columbia; to the Committee on the District of Marine and Fisheries, to which was referred the bill (H. R. Columbia. 16G92) to provide American ~'egisters for seagoing vessels wher By Mr. GUERNSEY : A bill (H. R. 21715) to provide for the ever built and to be engaged only in trade with foreign countries erection of a public building at Dover, Me. · to the Committee and with the Philippine Islands and the islands of Guam and on Public Buildings and Grounds. ' Tutuila, and for the importation into the United States free of . By l\Ir. RUCKER of Missouri: A bill (H. R. 2171G) to pro duty of all materials for the construction and repair of vessels vide for the enlargement, extension, remodeling, and improve built in the United States, and for· other purposes, reported the ment of the post-office building at l\foherly, Mo., and for other same with amendment, accompanied by a report (No. 405), purposes; to the Committee on Public Buildings and Grounds. which said bill and report were referred to the Committee of By Mr. LENROOT: A bill (H. R. 21717) to n11thorize th'e the Whole House on the state of the Union. increase of the height of and the reconstruction or replacement l\Ir. ESCH, from the Committee on Interstate and Foreign of the Nevers Dam on the St. Croix River; to the Co1m;nittee Commerce, to which was referred the bill (H. R. 19071) grant on Interstate and Foreign Commerce. -ing extension of time to the St. Cloud Electric Power Co. to By l\lr. RAKER : A bill (II. n.. 21718) for the purchase of tlie · construct a dam across the Mississippi River, reported the same Tioga Road in th~ Yosemite National Forest neseJ.'Ve, Cal.; to with amendment, accompanied by a report (No. 408), which said the Committee on the Public Lands. · bill and report were referred to the House Calendar. Also, a bill ( H. R. 21719) for the relief of the owners of. the Tioga R-oad in the Yosemite National Forest Reserve, Cal.; to CHANGE OF REFERENCE. the Committee on the Public Lands. By Mr. S'l'EPHENS of Texas: A bill (H. It. 21720) to amend Under clause 2 of Rule XxII, the Committee on Invalid Pen section 3 of an act entitled ".An act for the relief and civiliza ·sions was discharged from the consideration of the bill (H. R. ·tion of the Chippewa Indians in the State of 1\Iinnesota," ap 7009) granting an increase of pension to Charles E. Benson and pro\ed January 14, 1889; to the Committee on Indian Affair!:!. the same was referred to. the Committee on Pensions. By l\Ir. DONOHOE: 4. bill (H. R. 21721) granting pensions to volunteer A.l'my nurses of the Civil \\Tar; to the Committee PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. on Invalid Pensions. Under clause 3 of Rule XXII, bills, resolutions, and memorials By l\Ir. STERLING: .A. bill (H. R. 21722) to amend an act entitled "An act to codify, revise, and amend the laws relating were introduced and severally referred as follows: to the judiciary," approved .March 3, 1911; to the Committee on By Mr. DAVIS of Minnesota: A bill (H. R , 21700) for the the Judiciary. purchase of a site for a Federal building at Hastings, Minn.; to By Mr. GARNER: Joint resolution (H. J . Res. 266) amend the Committee on Public Buildings and Grounds. ing "A joint resolution permitting .Ans<.:m Mills, colonel of Third By l\Ir. BARNHART: A bill (H. R. 21701) to establish a fish Regiment United States Cavalry, to accept and exercise the hatchery in the thirteenth congressional district of Indiana; to functions of boundary commissioner on the part of tlle United the Committee on the Merchant Marine and Fisheries. States"; to the Committee on Military Affairs. By Mr. CALDER: A bill (H. R. 21702) amending section 9 By Mr. DUPRE: Resolution (H. Res. 449) referring to the of the act approved June 29, 1906, entitled "An act to establish publication of the CONG.RESSION.AL RECORD; to the Committee on a Bureau of Immigration and Naturalization, and to provide Printing. for a uniform rule for the naturalization of aliens through out the United States" ; to the Committee on Immigration and By Mr. GALLAGHER: Resolution (H. Res. 450) authorizing an investigation of the Baseball Trust; to the Committee on Naturalization. Rules. · By l\.lr. RAKER: A bill (H. R. 21703) permitting the coopera tive homesteading of public lands, and for other purposes; to the Committee on the Public Lands. . PRIVATE BILLS Al"'ID RESOLUTIONS. By Mr. WHITE: A bill (H. R. 21704) granting to postal em ployees of the United States the right to receive from it com Under clause 1 of Rule XXII, private bills and resolutions pensation for injuries sustained in the course of their employ were introduced and severally referred as follows : ment; to the Committee on the Post Office and Post Roads. By l\lr. AKIN of New York: A bill (H. R. 21723) for the re By Mr. FLOOD of Virginia: A bill (H. R. 21705) to provide lief of Hit·am .A.rgersinger ; to the Committee on Claims. for the construction of a memorial highway, archway, and gate By Mr. ALLEN: .A. bill ( H. R. 21724) granting a pension to way in memory of Thomas Jefferson at Monticello, Albemarle Almeda Cosberry; to the Committee on Invalid Pensions. County, Va. ; to the Committee on the Library. By Mr. Al\IES : A bill ( H . R. 21725) granting an increase of By Mr. KORBLY: .A. bill (H. R. 21706) providing for the pension to Orrin Bartlett; to the Committee on Jnyalid Pen retirement of officers of the Philippine Scouts, United States sions. Army; to the Committee on Military Affairs. By Mr. ANDERSON of Ohio: A bill ( H. R. 21726) granting By l\Ir. FORNES: A bill (H. R. 21707) to authorize the a pension to Jessie E. Kerr; to the Committee on Pensions. grading and improving of Piney Branch Road from Georgia Also, a bill (H. R. 21727) granting a pension to Landon G. .A.Yenue to Butt~rnut Street; to the Committee on the District Harper; to the Committee on Invalid Pensions. of Columbia. · Also, a bill (H. R. 21728) granting an increase of pension to Also, a bill ( H. R. 21708) to authorize the lighting of Piney Henry· Schoder; to the Committee on Invalid Pensions. Branch Road from Georgia Avenue to Butternut Street; to the Also, a bill (H. R. 21729) granting an increase of pension to Committee on the District of Columbia. Jesse Stafford; to the Committee on Invalid Pensions. By l\Ir. JOHNSON of Kentucky (by request of the United Also, a bill (H. R. 21730) granting an increase of pension to States attorney for the District of Columbia): .A. bill (H. R. Wed.em S. Chamberlain; to the Committee on Inrnlid Pensions. 21709) to amend section 851a of chapter 19 of subchapter 2 By l\Ir. CARTER: A bill (H. R. 21731) granting an increase · of the Code of Law for the District of Columbia; to the Com of pension to Andrew P. Johnson; to the Committee on Invalid mittee on the District of Columbia. Pensions. Also (by request of the United States attorney for the District By Mr. COX of Ohio: A bill (H. R. 21732) granting a pension of Columbia), a bill (H. R. 21710) to amend section 842 of the to Lucy J . Wells; to the Committee on Pensions. Code of Law for the District of Columbia; to the Committee Also, a bill (H. R. 21733) grantin"' an increase of pension to on the District of Columbia. Cincinnatus East; to the Committee on Irrrnlid Pensions. AJso (by request of the United States attorney for the District By Mr. CULLOP : A bill (H. R. 21734) grautin..,. an increase of Columbia), a bill ( H. R. 21711) to amend section 819 of the of pension to George W. Bastin; to the Committee on Invalid Code of Law for the District of Columbia; to the Committee on Pensions. the District of Columbia. By Mr. DR.A.PER: A bill (H. R. 21735) for the relief of Peter AJso (by request of the United States attorney for the District J. Van Zandt; to the Committee on l\.Iilitnry Affairs. of Columbia), n bill (H. R. 21712) to amend section 808 of the By l\Ir. DANIEL A. DRISCOLL: A bill ( H. Il. 2173G) grant . Code of Law for the District of Columbia; to the Committee on ing a pension to Katherine Banzhaf; to the Committee on Inva the District of Columbia. lid Pensions. Also (by request of the United States attorney for the District Also, a bill (H. R. 21737) granting an increase of pension to of Columbia). a bill (H. R. 2171.3) to amend section 797a of Nicholas Roth; to the Committee on Invalid Pensions. 1912. CONGRESSIONAL RECORD-HOUSE. By Mr. DUPRE: A bill (H. R . 21738) granting a pension to Also, memorial of the Russian River Chamber of Commerce, Theresa Kurtz; to the Committee on Invalid Pensions. for improvement of Yosemite National Park; to the Committee By l\fr. ESCH: A bill (H. R. 21739) granting an increase of on the Public Lands. pension to Samuel W. l\fcElderry; to the Committee on Invalid By 1\fr. AKIN of New York : Petition of citizens of Glovers Pensions. ville, N. Y., for an amendment to the Constitution to enable By Mr. GOULD: A bill (H. R. 21740) granting a pension to women to vote in all elections upon the same terms as men ; to Hattie P. Longfellow; to the Committee on Invalid Pensions. the Committee on the Judiciary. Also, a bill (H. R. 21741) granting an increase of pension to Also, memorial of the United Spanish War Veterans of New Levi Walker; to the Committee on Invalid Pensions. York City, in favor of House bill 17470; to the Committee on By Mr. HAWLEY: A bill (H. R. 21742) granting an increase Pensions. of pension to Alicia Herrington ; to the Committee on Invalid Also, petition of citizens of Gloversville, N. Y., in favor of old Pensions. age pensions ; to the Committee on Pensions. By l\fr. HELM: A bill (H. R. 21743) granting an increase of By Mr. A...~DERSON of Minnesota: Petition of I. P. Hodge pension to Jesse G. Austin; to.the Committee on Pensions. and others, of Stewartville, Minn., against extension of the ..A.Jso, a bill (H. R. 21744) for the relief of Malory C. Carey; parcel-post system ; to the Committee on the Post Office and to the Committee on Military Affairs. Post Roads. By l\Ir. HUMPHREY of Washington: A bill (H. R. 21745) By Mr. ANDERSON of Ohio : Petition of E. J . Babcock, of to authorize the Secretary of the Interior to consider the claim the University of North Dakota, for enactment of House !Jill of the attorney of record, and to allow said attorney such fee 6304; to the Committee on Mines and Mining. as found reasonable in matter of certain allotment lands to cer Also, petition of the United Mine Workers of America., for old tain Indians of Cascade Band allotted on Yakima Reservation, age pension legislation; to the Committee on Pensions. .Wasll., and for other purposes; to the Committee on Indian Dy l\lr. ASHBROOK : Papers to accompany House bill 21296, Affairs. for the relief of Wilson S. Fouts; to the Committee on Invalid By Mr. LAFEAN:: A bill (H. R. 21746) to correct the military Pensions. record of Charles P. Kibler; to the Committee on Military Also, petition of the Ohio Jersey Cattle Club, opposing the Affairs. reduction or removal of the tax on oleomargarine; to the Com By l\Ir. LANGHAM: A bill (H. R. 21747) granting an in mittee on Agriculture. crease of pension to George W. Waugaman; to the Committee Also, petition of the University of North Dakota, in favor of on Irn-alid Pensions. House bill ()304, making provision for investigations and experi Also, a bill (H. R. 21748) granting an increase of pension to mentations in all branches of the mining industry; to the Com William Daily; to the Committee on Invalid Pensions. mittee on Mines and Mining. Dy l\fr. LEVY: A bill (H. R. 21749) to correct the military Also, petition of the Ohio Rake Co., in favor of House bill record of John Costen; to the Committee on Military Affairs. 18981, authorizing a modern building for. the Interstate Com By 1\Ir. McHENRY: A bill (H. R. 21750) granting an in merce Commission; to the Committee on Public Buildings and crease of 11ension to Frederick Gray; to the Committee on In Grounds. valid Pensions. By Mr. BOWMAN : Petition of certain citizens of Wilkes By 1\Ir. O'SHAUNESSY : A bill (H. R. 21751) granting a Barre, Pa., and vicinity, favoring the building of one battleship in pension to Sarah Hill; to the Committee on Invalid Pensions. a United States navy yard; to the Committee on Naval Affairs. Dy Mr. PATTON of Pennsylrnnia: A bill (H. R. 21752) Also, memorial of H. A. Kioler, Nanticoke, Pa., favoring Gard granting an increase of pension to Dallas Pan·ick; to the Com ner bill (H. R. 1343) ; to the Committee on Immigration and mittee on Jnyalid Pensions. Naturalization. Also, a bill ( H. R. 21753) granting an increase of pension to By Mr. BURKE of Wisconsin: Petitions of citizens of the State George R. Fitz.gerald; to the Committee on In>alid Pensions. of Wisconsin, protesting against passage of the Lever bill (H. R. Dy l\lr. POST: A bill (H. R. 21754) granting an increase of 18493) to reduce the tax on oleomargarine; to the Committee on pension to Frederick Hogendobler; to the Committee on In Agriculture. . valid Pensions. By Mr. CALDER: Petition of Western Dry Goods Co., of Also, a bill (II. R. 21755) granting an increase of pension to Seattle, Wash., against House bill 16844, requiring manufat: Elizabeth Reid; to the Committee on Invalid Pensions. turers to place their own names on manufactured articles; to By Mr. POWERS: A bill (H. R. 21756) for the relief of the Committee on Interstate and Foreign Commerce. Pleasant Moore; to the Committee on War .Claims. Also, petition of Abraham Lincoln Camp, No. 91, United Span Also, a bill (H. R. 21757) granting an increase of pension to ish War Veterans, of New York, in favor of House bill 17470, William Herron; to the Committee on Pensions. to pension widows or minor children of enlisted men in the War By l\lr. REDFIELD: A bill (H. R. 21758) for the relief of with Spain or Philippines insurrection; to the Committee on Pen Philip A. Hertz; to the Committee on Military Affairs. sions. Also, a bill (II. R. 21750) for the relief of fartin McNamara, By Mr. CARTER : Petitions of citizens of the State of Okla alias Martin l\lack; to the Committee on Military Affairs. homa, protesting against parcel-post legislation; to the Com Dy l\lr. RANSDELL of Louisiana: A bill (H. R. 21760) for mittee on the Post Office and Post Roads. the relief of the estate of William B. Taylor; to the Committee By Ur. CLARK of Florida : Petition of the Board of Trade of on Claims. Jacksonville, Fla., favoring the paEsage of Senate bill 2U7 ; to By Mr. RUDEY: A bill (H. R. 21761) for the relief of the the Committee on Interstate and Foreign Commerce. legal representatives of Solomon Wood; to the Committee on Also, petition of the Boa.rd of Trade of Jacksonville, l!'la., War Claims. opposing· tariff discrimination against Florida. rosin; to the By Mr. SHERWOOD: A bill (H. R. 21762) granting an in Committee on Ways and l\Ieans. crease of pension to Edward Sloyer; to the Committee on By l\lr. CURRY : Petition of the Christian Endeavor Society Invalid Pensions. of the First Christian Church, Deming, N . Mex., in favor of Dy l\Ir. STONE: A bill (H. R. 21763) granting an increase of Sheppard-Kenyon antiliquor bill; to the Committee on the pension to Thomas H . Doane; to the Committee on Inv_alid Judiciary. Pensions. Also, petition of the Christian Endeavor Society, First Pres Also, a bill (H. R. 21764) granting an increase of pension to bvterian Church, Deming, N. Mex., fa:rnring Sheppard-Kenyon William L. Stewart; to the Committee on Invalid Pensions. antiliquor bill; to the Committee on the Judiciary. By 1\lr. UTTER: A bill (H. R. 217.65) granting an increase By Mr. DAVIS of Minnesota : Petition of J. J . Piper and of pension to Elizabeth Sullivan; to the Committee on Invalid others, of Faribault, Minn., :Protesting against parcel-post legis Pensions. lation; to the Committee on the Post Office and Post Roads. Dy 1\fr. VREELAND: A bill (H. R. 21766) granting a pension Also, petitions of citizens cif Le Sueur, l\finn., for passage of to Ruthem ;Brown; to the Committee on Invalid Pensions. Kenyon-Sheppard interstate liquor bill; to the Committee on the By .Mr. YOUNG of Kansas: A bill (H, R. 21767) granting an Judiciary. · increase of pension to Thomas 0 . Neal; to the Committee on Dy 1\lr. DENVER : Petitions of citizens of Salina and l\fount Invalid Pensions. Orab, Ohio, protesting against parcel-post legislation ; to the Committee on the Post Office and Post Roads. PETITIONS, ETC. Also, petition of citizens of l\fount Orab, Ohio, for regulation Under clause 1 of Rule XXII, petitions and papers were laid of express rates and classifications; to the Committee on Inter on the Clerk's desk aud referred as follows : state and Foreign Commerce. By the SPEAKEn : -1\femorial of the Forty-fifth National En By l\Ir. DRAPER : Petition of Municipal Council, Unit~d , campment of tile Grand Army of the Re.public, for erection of Spanish War Veterans, New York City, for enactment of an amphitheater at Arlington ; to the Committee on the Library. House bill 17470; to the Committee on Pensions. XLVIII--200 CONGRESSIONAL-.RECORD-ROUSE. ~fARCII '1 l . 3178 ". .Also, petition of officers and enlisted men of Company 1\1, Br !'fr. GOULD: Petitions of Comet Grange and Woman's Mounted Infantry, National Guard of New York, for passage Christian Temperance Union of Swanville, Me., favoring the of the militia pay bill; to the Committee on Military .AJ:Iairs. passage of the Kenyo:n-Sheppard interstate liquor bill; to the By :Ur. DANIEL .A. DRISCOLL: Petition of officers and men Committee on the Judiciary. of Company D, Sixty-fifth Infantry, Buffalo, N. Y., favoring By .Mr. HA.1\11\IOND: Petition of Ole Olson and 48 others1 of militia pay bill for the improvement of the National Guard, Dunnell, Minn., again&t the Lever bill-oleomargarine; to the with· letter of Joseph Dorst, captain commanding; to the Com Committee on Agriculture. mittee on Military .Affairs. By l\.fr. HAYDEN : Petitions of citizens. of the State of Ari .Also, petition of members of the medical and surgical staff zona, protesting against parcel-post legislation ; to the Commit of the Sisters' Hospital, Buffalo, N. Y., favoring bill to relieve tee on the Post Office and Post Roads. institutions from certain alcohol taxation; to the Committee .Also, petition of Mrs. J. I. Gardner and 32 other residents of on Ways and Means. Prescott, .Ariz., in fa. vor of the bill to establish a Federal chil .Also, petition of Camp Merwin Carleton, No. 4, .Army of the dren's bureau; to the Committee on Labor. Philippines, 0. T. Spear, commander, William F.' Lewis, adju .Also, petitions of members of Improved Order of Red 1\Ien, of tant, St. Paul, Minn., favoring bill of H.epresentative CRAGO the State of .Arizona, for an .American Indian memorial and (H. R. 18502); to the Committee on l\lilitary .Affairs. museum building in the city of Washington, D. C.; to the Com .Also, petition of James L. Gallagher, James H. Carr, M. D., mittee on Public Buildings and Grounds . and 9 other members of the medical and surgical staff of the By Mr. HENRY of Connecticut : Petition of the German Emergency Hospital, Buffalo, N. Y., favoring bill for relief of American .Alliance of New Britain, Conn., protesting again.st. scientific institutions of learning from certain provisions of law legislation prohibiting interstate liquor traffic; to the Commit regarding tax on alcohol; to the Committee on Ways and Means. tee on the Judiciary. By Mr. ESCH: Memorial of Union No. 8, International .As By l\fr. IDLL of Connecticut: Petition of St. Joseph's Society, sociation of Bridge and Structural Iron Workers, for amend of Bridgeport, Conn., in regard to Catholic Indian mission bill ; ment to the Constitution limiting hours of labor; to the Com to the Committee on Indian Affairs. · . mittee on the Judiciary. . .Also, petition of the Westville Congregational Church, of New .Also, memorial of the Wisconsin Retail Lumber Dealers' .As Hayen, Conn., in favor of Kenyon-Sheppard interstate liquor sociation, protesting against parcel-post legislation; to the Com bill; to the Committee on the Judiciary. mittee on the Post Office and Post Iloads. .Also, petition of the German-American alliance of New Brit By l\Ir. FITZGERALD: Petition of Municipal Council of the ain, Conn., protesting against passage of Kenyon-Sheppard inter Spanish War Veterans of New York, in favor of House bill state liquor bill; to the Committee on the Judiciary. 17470; to the Committee on Pensions. By l\fr. HOUSTON : Papers to accompany House bill 21563, Also, memorial of the Civic Club of Philadelphia, Pa., for for relief of John W. Vandergriff; to the Committee on Invalid improvement of the Philadelphia immigrant station; to the Pensions. Committee on .Appropriations. By l\1r. HOWELL: Petitions of the .Athenian Club of Lehi By Mr. FORNES: Memorial of .Admiral John W. Philip Post, and the American Woman's League of Ogden, Utah, for parcel No. 19, American Veterans-of Foreign Service, favoring Senator post legislation ; to the Committee on the Post Office and Post JoN.Es's bill providing pay and allowance for volunteer organi Roads. · zations, etc. ; to the Committee on 1\filitary .Affiairs. .Also, petition of citizens of the State of Utah, again~t parcel .Also, petitions of Laurence T. Bologuind, of the Big Show post legislation; to the Committee on the Post Office ancl Post Theater, New York, and John :McNutty, of the Scenic Theater, Roads. New York, favoring House bill 2059'5, amending section 25 of By Mr. HUGHES of New Jersey : :Memorial of members of the copyright act of 1909; to the Committee on Pa.tents. the Socialist Party of Fort Lee, N. J ., for investigation of the .Also, memorial of the Postal Progress League, favoring parcel Lawrence (Mass.) strike; to the Committee on Rules. post legislation; to the Committee on the Post Office and Post By Mr. KEJ\1DALL : Petitions of citizens of Hiteman and Roads. Newton, Iowa, in 1!rrnr of Berger old-age pension bill ; to the By 1\Ir. FRANCIS : Memorial of District No. 6, United :Mine Committee on Pensions. Workers of America, for legislation -providing for old-age pen .Also, petitions of citizens of Grinnell and Newbury, Iowa, sions; to the Committee on Pensions. against Lever bill and for Haugen bill; to the Committee on .Also, petitions of citizens of the State of Ohio, for construc Agriculture. tion of one battleship in a Government navy yard ; to the Com By Mr. LAFE.AN·: Petitions of citizens of Orrtanna, Pa .• for mittee on Nava.I Affairs. passage of Kenyon-Sheppard interstate liquor bill; to the Com- By Mr. FULLER: Petition of George North Taylor, of mittee on the Judiciary. · Streator, Ill., favoring the establishment of a parcel post, etc. ; By Mr. LANGHAM : Petitions of citizens of the State of' to the Committee on the Post Office and Post Roads. Pennsylvania, for parcel-post legislation ; to the Committee on .Also, petition of Rockford (Ill.) Central Labor Union, in the Post Office and Post Roads . favor of the passage of the Wilson bill (H. Il. 11032) relating Also, petition of citizens of Fairmount City, Pa., in farnr of to issuance of restraining orders ; to the Committee on the Judi Esch phosphorus bill; to the Committee on Ways and Means. ciary. .Also, petition of the Woman's Christian Temperance Union, .Also, petition of Rockford (Ill.) Central Labor Union, pro of Grove Summit, Pa., for 1>;issage of Kenyon-Sheppard Inter testing against alleged illegal and brutal acts of public officials, state liquor bill; to the Committee on the Judiciary. etc., in labor tI·ouble at Lawrence, Mass.; to the Committee on Also, petition of citizens of the State of Pennsylvania, for a Labor. constitutional amendment prohibiting the sale, manufacture for Also, petition of Charles P. Gaut, of Streator, Ill., favoring sale, and importation for sale of beverages containing alcohol ; the passage of House bill 17470, to pension widows of Span to the Committee on the Judic-iary. ish War veterans; to the Committee on Pensions. By Mr. LEVY : Papers to accompany a bill to correct the Also, pet.ition of the Duquoin Retail Mer'chants' .Association, military record of John Casten; to the Committee on Military of Duquoin, Ill., fa roring 1-cent letter postage; to the Com .Affairs. mittee on the Post Office and Post Iloads. .Also, petitions of Central Federated Union, of Greater New .Also, petition of the General Federation of Women's Clubs, York, for construction of a battleship at the Brooklyn Navy of St. Louis, Mo., in fayor of the creation of a national children's Yard, and protesting against supplanting civilillil employees bureau; to the Committee on Labor. with enlisted men in the navy yards; to the Committee on Naval By l\Ir. GALLAGHER: Memorial of T...1ake Seamen's Union of .Affairs. Chicago, Ill., for enn.ctment of House bill 11372; to the Com By l\lr. LOUD : Petition of V . .A. Baker and 20 -other voters mittee on the Merchant l\farine and Fisheries. of Petoskey, Mich., for passage of the Kenyon-Sheppard inter By l\fr. GARD~TER of l\fassa.chusetts: Memorial of the New state-commerce liquor bill; to the Committee on the Judiciary. England Shoe and Leather .Association, opposing House bill Also, petition of the Central Federated Union of Greater New lG ·s4 with regard to marking of certain goods manufactured York, for enactment of House bill 11032 ; to the Committee on for interstate commerce; to the Committee on Ways and Means. the Judiciary. .Also, petition of the New England Conference on Rural Prog .Also, petition of l\.funicipal Council, United Spanish War Vet ress, fayoring Government assistance in ext~nding agricultural erans, of New York City, for enactment of House bill 17470 ~to teaching; to the" Committee on Agriculture. the Committee on Pensions. By Mr. GARNER: Petition of certain residents of Stockdale, Also, petition of Fancy Leather Goods l\Ianufacturers' .Asso • Tex., and vicinity, favoring the Sulzer bill (II. R. 14) for a ciation, of New York, for enactment of House bill 5601 ; to the parcel post; to the Comm~ttee -0n the P ost Office and P ost Roads. Committee on Interstate and Foreign Commerce. · 1912... OONGRESSIONAL RECORD-HOUSE. 3179. By Mr. LINDSAY: Memorial of Post No. 19, American \et Also, petition of Sidney F. Hoar Camp, United Spanish War ei·ans of Foreign Service, fo.r certain legislation; to the Commit Veterans, favoring Senate bill 291 and House bill 1235; to the tee on J~1itary Aff:airs. Committee on Military Affairs. By Mr. McDERMOTT: Petition of members of Tug Firemen Also, petition of Rhode Island Department, Spanish War Vet and Line:men-'s Protective Association, for enactment of House erans, favoring Senate bill 291 and House bill 1235; to the bill 18787; to the Committee on Labor. Committee on Military Affairs. By Mr. McGILLICUDDY: Petitions of citizens of the State Also, petition of Wightman & Hugh Co., Providence, R. I., of Maine, for passage of Kenyon-Sheppard interstate liquor urging parcel-post bill (H. n. 14) ; to the Committee on the bill; to the Committee on the Judiciary. Post Office and Post Roads. By l\fr. McKINNEY: Petition of Local Union NO:. 49, Metal Also, petition of Sidney F. Hoar Camp, United Spanish War Polishers, etc., of Rock Island, m"3 asking for the consb-uction Veterans, favoring House bill 17470; to the Committee on Pen of one battleship in a Government navy yard; to the Committee sions. on Naval Affairs. AJso, petition of Providence (R. I.) Retail Grocers and l\far AJso, petition at. the Woman's Christian Temperance Union ketmen, favoring the Sulzer parcel-post bill; to the Committee of AJedo, Ill., for passage of the Kenyon-Sheppard interstate on the Post Office and Post Roads. commerce liquor bill; to the Committee on the Judiciary. Also, petition of board of trade, urging exemption of .Ameri By Mr. .M.A.GUIB.E of Nebraska: Petition of citizens of Broken can Yessels from Panama Canal tolls; to the Committee on In Bow and Weeping Water, Nebr.., protesting against parcel-post terstate and Foreign Commerce. legislation; to the Committee on the Post Office and Post Roads. Also, petition of First Congregational Church of Bristol. n. I., By l\fr. MOON of Tennessee: Petition of citizens of Hamilton favoring the Kenyon-Sheppard interstate-commerce liquor bill; County, Tenn., for enactment of an effective interstate liquor to the Committee on the Judiciary. law; to the Committee on the Judiciary. AJso, memorial of the United Irish Societies of Chicago, op By l\fr. MORSE of Wisconsin: Petition of the Merchants of posing the Anglo-American treaty now before the United States Tomahawk, Wis.., protesting against the passage of any act Senate, because it is in reality an alliance with England, which, extending the parcel post ; to the Committee on the Post Office under the cloak of peace, is "an arbitration" tax designed to a:nd Post Roads. strengthen England's position in European politics; to the Com By l\Ir. MOTT: Petition of ·the Central Federated Union of mittee on Foreign Affairs. Greater New York, in fayor of House bill 11032, regulating the Also, petition of sundry commercial associations and chambers issuance of restraining orders; etc. ; to the Committee on the of commerce of the State of Washington, urging no tolls for Jndiciru:y. American vessels passing through the Panama ·canal ; to the AJso, petition of McCmnber & Co., against the parcel post; to Committee on Interstate and Foreign Commerce. the Committee on the Post Office and Post Roads. Also, memorial of San Jose Chamber of Commerce, that there AJso, petition of Palermo Grange, No. 309, Patrons of Hus should be no tolls charged through the Panama Canal to \es bandry, against the Lever oleomargarine bill; to the Committee sels flying the American flag engaged in coastwise ti·affic of the on .Agriculture. United States; to the Committee on Interstate and Foreign Com- AJso, petition of Business Men's Association of Morrisville, merce. . N- Y.., in favor of 1-ce:n.t pnstage; to the Committee on the Post By Mr. OLDFIELD: Petitions of citizens of the State of Office and Post Roads. Arkan,sas, protesting against parcel-post legislation; to the Com AJso, petition of International Dry Farming Congress, in favor mittee on the Post Office and Post Roads. of the Lever bill for agricultural education; to the Committee By Mr. PATTON of Pennsylvania: Petition of Young People's on .Agriculture. Society, Swedish Lutheran Church, of Bradford, Pa., and the Also, petition of the Chamber of Commerce of Oswego, N. Y., congregation of the Salvation Army of Bradford, Pa., favoring fa•oring a readjustment of railroad freight rates; to the Com the passage of the Kenyon-Sheppard interstate-commerce liquor mittee on Interstate and Foreign Commerce. bill; to the Conunittee on the Judiciary. · By Mr. NEEDHAM: .Memorial of the San Francisco Chamber By Mr. PAYNE: Petition of citizens of Auburn, N. Y., for of Commerce., against the chemical bill; to the Committee on passage vf Berger old-age pension bill; .to the Committee on Ways rrnd Means. Pensions. Also, petitions of Christian Church of Denair, Cal., the "\Vo By Mr. POWERS : Papers to accompany bill for the reJief of mnn's Christian Temperance Union of Denalr, Cal., the Friends William Herron; to the Committee on Pensions. Church of Denair, Cal.,· the Mission Church of Denah-, Cal., and By Mr. RAE..'ER: Memorial of San Francisco Center of Cali 250 members of the congregation of the Central Methodist fornia Civic League, favoring the enforcemeut of nie white Episcopal Church, of Stockton, Cal., for the speedy passage of slave traffic act; to the Committee on Interstate and 11'oreigu the Kenyon-Sheppard interstate liquor bill ( S. 4043; H. R. Commerce. 16214) to withdraw from interstate-commerce protection liquors Also, petition of F. Leininger, of Ione, Cal., for the imme imported into dry territory for illegal use; to the Committee on diate enactment into law of the Poi;:tal Progress League p ::i rcel the Judiciary. - post bill (H. R. 14), by Mr. SULZER, of New York; to the Com By Mr. O'SHAUNESSY: MemoTial of the Rhode Island mittee on the Post Office and Post Roads. Branch, American Federation of Labor, encouraging a congres By Mr. REILLY: Petition of Oregon Retail Hardware nnd sional investigation of the Newport torpedo station, and having Implement Dealers' Association, for 1-cent letter postage; to the the conditions that exist at the said station compare favorably Committee on the Post Office and Post Roads. with those existing in other Mvy yards; to the Committee on Also, memorial of the New England Shoe and Leather Ar-~o NaYal Affairs. ciation, against passage of House bill 16884; to the Committee AJso, petition of the Daughters of tlie .American Revolution of on Interstate and Foreign Commerce. Providence, n.. I., indorsing House bill 19641; to the Commit- Also, petition of citizens of Naugatuck, R. I., for enactment tee on Appropriations. . of Berger old-age pension bill; to the Committee on Pensions. Also, memorial of Providence (R. I.) Board of Trade, favor AJso, petition of the New England Conference on Rural Prog ing park-commission plan for Lincoln memorial and oppos ress, in fayor of Senate bill 4563 and House bill 1 160; to the ing roadway for such memorial; to the Committee on the Committee on Agriculture. Library. AJso, petitions of citizens of New Haven, Conn., for enact Also, petition of the Pawtucket (R. I.) Business Men's Asso ment of House bills 16802 and 18244; to Uie Committee on In . ciatiou, favoring Senate bill 4308 and House bill 17736; to the dian Affairs. Committee on the Post Office and Post Roads. Also, petition of the German-American Alliance of New Also, petition of the Rhode Island Business Men's Associa Britain, Conn., protesting against legislation on prohibition of tion, of Providence, favoring better legislation on subject of interstate liquor traffic; to the Committee on the Judiciary. butter; to the Committee on .Agriculture. By Mr. ROBERTS of Massachusetts: Memorial of New York AJso, petition of Providence (R. I.) Board of Trade, favoring Board of Trade and Transportation, relatiYe to the national toll exemption for American coastwise ships through the Pan harbor of refuge; to the Committee on Rivers and Harbors. ama Canal; to the Committee on Interstate and Foreign Com- Also, memorial of the city council of Portsmouth, N. H., in merce. • oppositi'On to abolishing the Portsmouth Navy Yard; to the Com Also, petition of Providence Board of Trade, favoring resolu mittee on Naval Affairs. tion by Mr. PETERS to extE!nd governmental recognition to the Also, memorial of citizens of Lynn, Mass., for rejection of Fifth International Congress of Chambers of Commerce and arbitration treaties; to the Committee on Foreign Affairs. appropriating $50,000 for expenses of same, etc.; to the Com AJso, petition of members of Improved Order of Red Men, of mittee on Appropriations. Lynn, Mass., for an American Indian memorial and museum 3180 CONGRESSIONAL REOORD-SENATE~ J\fARCH 12, building in the city of Washington, D. 0. ; to the Committee Also, petition of S. A. Buchanan and 15 other citizens of on Public Buildings and Grounds. Bellefontaine, Ohio, asking for the enactment of legislation to By Mr. ROUSE: Memorials of the German-American .Alliance abolish the free distribution of garden and flower seed; to the of Covington, Ky.; the German-American Alliance of the State of .Committee on Agriculture. Kentucky; and the German-American Alliance of Newport, Also, papers to accompany House bill 21696, granting a pen Ky., against Kenyon-Sheppard interstate-commerce liquor bill; sion to John Hendershott; to the Committee on Invalid Pen to the Committee on the Judiciary. sions. Al o, memorial of Greenwood Grange, of Hebron, Ky., in re By Mr. YOUNG of Texas: Petition of certain residents of gard to House bill 18493 ; to the Committee on Agriculture. Mabank, Tex., and vicinity, favoring Sulzer parcel-post bill Also, memorial of Newport (Ky.) Socialist Party, indorsing (H. R. 14); to the Committee on the Post Office and Post Roads. lb~ Berger resolution to submit a constitutional amendment extending the right of suffrage to women; to the Committee on the Judiciary. SEN.A.TE. By l\Ir. SCULLY: Petitions of citizens of the State of New Jersey, for enactment of the Kenyon-Sheppard interstate liquor TuEsoAY, Mar ch 1f, 191~. bill; to the Committee on the Judiciary. The Senate met at 2 o'clock p. m. . By Mr. J. M. C. SMITH : Petition of Larkin Co., of Buffalo, Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D. favoring parcel-post legislation; to the Committee on the Post The Secretary proceeded to read the Journal of yesterday's Office and Post Roads. proceedings when, on request of Mr. BRANDEGEE and by unani Also, petitions of 73 citizens of Comstock, Mich. ; the Congre mous consent, the further reading was dispensed with and the gational Church, Prattville; the Congregational Aid Society of Journal was approved. Prattville; the Woman's Christian Temperance Union of Pratt Mr. BRANDEGEEl. Mr. President, I suggest the absence of a ville ; and 29 citizens of Bronson, Mich., for passage of the quorum. . Kenyon-Sheppard .bill; to the Committee on the Judiciary. The PRESIDE:WI' pro tempore. The Senator from Connecti Also, petition of T. L. Mills, of Hillsdale, Mich., favoring re cut suggests the absence of a quorum. The Secretary will call duction of tax on raw and refined sugars; to the Committee on the roll. Ways and Means. The Secretary called the roll, and the following Senators an Also, petitions of merchants of Pittsford, Mich., and National swered to their names: Federation of Retail Merchants, protesting against parcel-post Bacon Curtis Martine, N. J. Simmons legislation; to the Committee -on the Post Office arnl Post Roads. Bourne Dillingham Nelson Smith, Ga. By Mr. STEVENS of Minnesota: Petition of ci~ns of Win Brandegee Fletcher Nixon Smith, Md. dom, Minn., protesting against parcel-post legislation; the Briggs Foster O'Gorman Smith, Mich, to Bristow Gallinger Oliver Smith, S. C. Committee on the Post Office and Post Roads. Brown Gardner Overman Smoot By Mr. THOMAS : Petition of sundry citizens of Metcalf Bryan Hitchcock Page Sutherland Burnham Johnson, M~. Penrose Swanson County, Ky., protesting the passage of the Sunday-obsermnce Chamberlain Johnston, Ala. Percy Taylor bill (H. R. 9433); to the Committee on the Post Office and Post Clapp Jones Perkins Thornton Roads. Clark, Wyo. Lea Rayner Warren Clarke, Ark. Lodge Reed Watson By l\Ir. TILSON: l\Iemorial of New England Conference on Crawford Mccumber Richardson Wetmore nu~'ll Progress, favoring Senate bill 4563 and House bill 18160; Cullom McLean Root Williams to the Committee on Agriculture. Cummins Martin, Ya. Shively Also, petition of the New England Shoe and Leather Asso Mr. JONES. I desire to state that my colleague [Mr. PoIN ciation, opposing House bill 16884; to the Committee on Ways DEXTER] is absent on account of the death of his mother. This and Means. notice will stand for the rest of the day. Also, memorial of the German American Alliance, George The PRESIDENT pro tempore. Fifty-nine Senators have Wessels, president; Bruno Hentschel, secretary, opposing answered to their names, and a quorum of the Senate is present. prohibition and interstate-commerce liquor legislation; to the MESSAGE FROM THE HOUSE. Committee on the Judiciary. By Mr. TOWNER: Petition of citizens of Riverton, Essex, A message from the House of Representatives, by D. K. and New l\Iarket, Iowa, against parcel post; to the Committee Hempstead, its enrolling clerk, announced that the House in on the Post Office and Post Roads. sists upon its disagreement to the amendments of the Senate · Also, petition of citizens of Sidney, Randolph, .and Van Wert, to the bill (H. R. 19238) to amend section 90 of the act·entitled Iowa, against parcel post; to the Committee on the Post Office "An act to codify, revise, and amend the laws relating to the and Post Roads. judiciary," approved March 3, 1911; agrees to the conference By Mr. UTTER: Memorial of the Business Men's Association asked for by the Senate on the disagreeing votes of the two of Pawtucket, R. I., for 1-cent postage; to the Committee on the Houses thereon, and had appointed Afr. CLAYTON, Mr. CARLIN, Post Office and Post Roads. and Mr. STERLING managers at the conference on the part of Also, papers to accompany bill for the relief of John P. Camp the House. bell (H. R. 21472); to the Committee on Invalid Pensions. ENROLLED BILLS SIGNED. Also, petition of Kent County (R. I.) Chapter, Sons of Ameri The message also announced that the Speaker of the House can Revolution, for legislation authorizing the collection and had sigm~ the following enrolled bill and joint resolution, and publication of military and naval records of the Revolution; to they were thereupon signed by the President pro tempore: ti.le Committee on Military Affairs. S. 339. An act providing for the reappraisement and sale of Also, memorial of the Board of Trade of Providence. R. I., certain lands in the town site of Port Angeles, Wash., and for relative to Fifth International Congress of Chambers of Com other purposes ; and merce; to the Committee on Foreign .Affairs. s. J. Res. 83. Joint .resolution making appropriations .to meet Also, memorial 0f the Boston (Mass.) Fruit and Produce Ex certain contingent expenses of the Senate. change, for enactment of House bill 19795; to the Committee on Interstate and Foreign Commerce. REGULATION OF IMMIGRATION. Also, petitions of the First Baptist Church of Greenwich and Mr. LODGE. I gave notice yesterday that on Wednesday I the Woman's Christian Temperance Unions of Providence and would call up the bill (S. 3175) to regulate the immigration of '\Yoon.socket, R. I., for passage of Kenyon-Sheppard interstate aliens to and the residence of aliens in the United States. I liquor bill; to the Committee on the Judiciary. ask leave to change that notice to Monday next. By l\Ir. WEEKS: Petitiou of the Federated Churc}les, Water The PRESIDEl~T pro tempore. The change will be made as town, l\Iass., favoring Kenyon-SheppaTd interstate liquor bill; requested, without objection. to the Committee on the Judiciary. PETITIONS AND MEMORIALS. By Mr. WILLIS: Papers to accompany House bill 1864~ for the relief of Isaiah Haylin McDonald; to the Committee on The' PRESIDENT pro tempore presented petitions of the con Military Affairs. gregations of the Methodist Episcopal Church of East Strouds Also, resolutions of Century Grange, of East Liberty, Ohio, burg, Pa. ; the Presbyterian Church of East Stroudsburg, Pa., in fa. vor of the exten ion of the parcel-post service; to the and of the Presbyterian Church of Echo Lake Town, Pa., .and Committee on the Post Office and Post Roads. of the Woman's Christian Temperance Unions of Chautauqua, Also, memorial of the convention -of District No. 6) United N. Y., and Woburn, Mass., praying for · the adoption of an Mine Workers of America, in favor of the enactment of legis amendment to the Constitution to prohibit the manufacture, Jation to provide old-age pensions; to the Committee o:n Pen sale, and importation of intoxicating liquors, which we1·e re sions. ferred to the Committee on the Judiciary.